Patent Regulation 12 months in Overview

by Dennis Crouch

I simply gave a brief (45 min) discuss concerning the previous yr in patent legislation. 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 overview.
  2. Full Scope Enablement and Written Description: Elevated focus by each the USPTO and the Federal Circuit.  Pending SCOTUS instances of Amgen v. Sanofi and Juno v. Kite.
  3. Patents as Commodity: Many of us 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 doubtless in January 2023.
  6. Eligibility: Tropp and Interactive Wearables are usually not nice autos for Supreme Court docket overview.  Hopefully IBM petitions its case from IBM v. Zillow.
  7. Patent Venue: Tons nonetheless occurring in W.D.Tex.  IMO, events arguing inconvenient venue don’t actually care about comfort. Their primary concern is that they wish to escape from Decide Albright’s courtroom and lift prices on the patentee.