Loren Donald Pearson

Loren Donald Pearson is a Registered Patent Attorney and a Florida Bar Board Certified Intellectual Property Attorney.  He is a partner at Assouline & Berlowe, PA and leads its intellectual property group.  Read his profile

 
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Entries in President Obama (2)

Wednesday
Jun052013

Obama Launches: "White House Task Force on High-Tech Patent Issues"

President Obama announced "White House Task Force on High-Tech Patent Issues."  The orders are unprecedented; in eighteen years of practice, I have never seen a set of patent-related executive orders.

I will be digesting and posting about the provisions in the days to come.

The main points include:

LEGISLATIVE RECOMMENDATIONS 

  1. Require patentees and applicants to disclose the “Real Party-in-Interest"
  2. Permit more discretion in awarding fees to prevailing parties in patent cases
  3. Expand the PTO’s transitional program
  4. Protect off-the-shelf use by consumers and businesses
  5. Change the ITC standard for obtaining an injunction
  6. Use demand letter transparency to help curb abusive suits
  7. Ensure the ITC has adequate flexibility in hiring

EXECUTIVE ACTIONS 

  1. Making “Real Party-in-Interest” the New Default.
  2. Tightening Functional Claiming.
  3. Empowering Downstream Users.
  4. Expanding Dedicated Outreach and Study.
  5. Strengthen Enforcement Process of Exclusion Orders.

White House Task Force on High-Tech Patent Issues

Tuesday
Sep202011

America Invents Act signed into Law on September 16, 2011

President Obama Signing America Invents ActPresident Obama signed the America Invents Act into law on September 16, 2011.  The law is a significant change in the substantive rights of inventors and patent owners.  The effective date of many provisions is immediate.

The following are significant provisions:

  • Transition to First-Inventor-to-File System
  • Improving Patent Quality by establishing the opportunity for third parties to submit information related to a pending application for consideration by a patent examiner. The Patent Reform Act also creates a “first window” post-grant opposition proceeding, open for nine months after the grant of the patent, to allow challengers to weed out patents that should not have been issued.
  • Improves Administrative Challenges of Patent Validity by creating adversarial inter partes review conducted by Administrative Patent Judges.
  • Provides More Certainty In Damages Calculations
  • Creates a Supplemental Examination Process to incentivize patent owners to commercialize their inventions despite flaws in the application process.
  • Provides PTO Fee Setting Authority. The bill mandates a reduction of fees by 50 percent for small entities and 75 percent for micro-entities.
  • Bans Tax Patents

If you have an invention, patent application, or patent, an audit of your portfolio may be necessary to assess a change in your rights. 

Subscribe to my newsletter for free white papers on the substantive changes.