X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
A dozen consumer advocacy and public interest groups have teamed up on an amicus brief supporting the new U.S. Patent & Trademark Office rules put on hold by a federal court’s injunction. The groups say “the public interest overwhelmingly supports” the patent office final rules published on August 21. “They will help the USPTO curtail abusive behavior by exploitative patent applicants and improve patent quality,” stated the Dec. 20 brief. The groups behind the amicus are: The Public Patent Foundation, Computer & Communications Industry Association, AARP, Consumer Federation of America, Essential Action, Foundation for Taxpayer and Consumer Rights, Initiative for Medicines, Access & Knowledge, Knowledge Ecology International, Prescription Access Litigation, Public Knowledge, Research on Innovation, and Software Freedom Law Center. “The over-patenting that results from low patent quality leads to thickets of patents that choke first inventors with countless small improvements claimed by others,” stated the amicus brief. “In what is akin to grade-inflation, by granting too many people too many patents, those inventors who legitimately do derive wonderful new technology get less credit than they deserve because of all the other patents that are issued in the related field.” The new patent rules would limit patent claims, which are descriptions of the invention, and cut the number of times applicants can file for patent continuations. Inventor Triantafyllos Tafas and Smithkline Beecham Corp. filed a joint suit on August 22, which claims that the new rules are unconstitutional because the PTO didn’t consider their impact on the “promotion of science and the useful arts.” Judge James C. Cacheris granted a temporary injunction on Oct. 31. Tafas v. Dudas, No. 07-00846, (E.D. Va.) [See related article.] The groups involved in the amicus brief, particularly those connected to the software industry, are hoping to accomplish through patent rulemaking what they weren’t able to accomplish in Congress over many years, said James E. Nealon, a partner in the Stamford, Conn. office of New York’s Kelley Drye & Warren who represents Tafas. “The battle that should be fought in the legislative branch is now framed to be decided in the judicial branch,” Nealon said.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.