There are less onerous alternatives to forcing the patent owner to attack his own patent.
FORBES: New Patent Regs May Inspire More Litigation, Not Less
In other words, the PTO is forcing the patent owner to become his own worst enemy.
FORBES: New Patent Regs May Inspire More Litigation, Not Less
By law, any patents that are deemed to be necessary to make a standards compliant product must be licensed by the patent owner at fair, reasonable, and non-discriminatory (FRAND) terms.
FORBES: Thermonuclear Stand Down: Apple And Google Are Ready To Arbitrate On Patents
Through supplemental examination, a patent owner can go back to the PTO after the patent is issued and voluntarily submit additional information to be considered as to whether it impacts patentability.
FORBES: New Patent Regs May Inspire More Litigation, Not Less
The problem is that the PTO has proposed rules for implementing supplemental examination that would require the patent owner to mount an assault in detail on the validity of his own patent.
FORBES: New Patent Regs May Inspire More Litigation, Not Less
The PTO regulations demand that the patent owner not only submit the information for supplemental examination by the PTO, but also lay out in detail why the information might potentially invalidate the original patent.
FORBES: New Patent Regs May Inspire More Litigation, Not Less
Ending patent protection usually requires a law suit, because the patent owner files follow-on patents of lesser merit to extend the patent period, and a court has to decide at what point the incremental patents are invalid.
After waiting for years to obtain a patent, and enduring a difficult path of expensive examination, the patent owner would have to endure still more attacks, without the shield of the clear and convincing evidence standard for protection.
They include a dispute with Washington-based patent portfolio owner SoftVault Systems, which alleges RIM has infringed its anti-piracy DRM (digital rights management) technologies.
Jack's Stir Brew Coffee opens a new location on Sixth Avenue at Downing Street next month, reviving bragging rights over a plaque that hangs in its original West 10th Street location: a patent by owner Jack Mazzola Jr.
WSJ: From Patents to Memberships, Coffee Shops Offer New Perks
The owner of the patent, Prometheus Labs, says Mayo is being ridiculous and the patent is no more threatening than similar ones for diagnostic tests for diabetes and HIV.
FORBES: Mayo Clinic Case Asks If A Doctor's Method Can Be Patented
May 5, 2005 - TiVo (and OEM Humax) are named in a patent-infringement lawsuit by EchoStar, owner of Dish Network.
That adds one more year that the brand owner can be selling on a 20-year patent.
One roadblock to synthbio's future is the messed-up patent environment in biotech, where every tiny protein pathway and gene sequence has an owner wanting to get paid.
FORBES: Drew Endy aims to reinvent the biotechnology industry.
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