September 26, 2023

by Dennis Crouch

I simply gave a brief (45 min) discuss concerning the previous yr in patent regulation. See the slides right here: Patent 12 months in Overview.  Key factors:

  1. Director Overview and Ex Parte Lobbying: Exercising the constitutional proper to petition the federal government through shadow request for director evaluation.
  2. Full Scope Enablement and Written Description: Elevated focus by each the USPTO and the Federal Circuit.  Pending SCOTUS circumstances of Amgen v. Sanofi and Juno v. Kite.
  3. Patents as Commodity: Many people are treating it as such.
  4. Broad IPR Estoppel: CalTech v. Broadcom/Apple.  Pending earlier than the Supreme Court docket.
  5. Who’s the Inventor: AI and Company because the inventor.  Thaler v. Vidal cert petition seemingly in January 2023.
  6. Eligibility: Tropp and Interactive Wearables aren’t nice automobiles for Supreme Court docket evaluation.  Hopefully IBM petitions its case from IBM v. Zillow.
  7. Patent Venue: Heaps nonetheless taking place in W.D.Tex.  IMO, events arguing inconvenient venue don’t actually care about comfort. Their fundamental concern is that they need to escape from Decide Albright’s courtroom and lift prices on the patentee.