The White-colored House Releases Update on “Protecting American Inventors and Innovators”
Earlier today, the White-colored House provided an update around the five executive actions it announced in June of 2013. At that time, we reported around the President’s legislative recommendations and executive initiatives, along with the Patent Assertion and U.S. Innovation are convinced that supported them (see “‘When the Patent Product is Attacked!’ — The White-colored House Task Pressure on High-Tech Patent Issues”). Additionally to “announcing major progress” today on these initiatives to combat so-known as “patent trolls” (“Booklet — Executive Actions: Answering the President’s Call to bolster Our Patent System and Promote Innovation”), the White-colored House located an active webcast titled “Creating a Better Patent System.” President Barack Obama didn’t participate, but rather PTO Deputy Director Michelle Lee, Secretary of Commerce Cent Pritzker, U.S. Chief Technology Officer Todd Park, and Gene Sperling, Director from the National Economic Council with each other spoke for around half an hour about how the manager actions were “creating a better patent system” (“Creating a Better Patent System”).
Regarding the progress from the patent litigation reform legislation, Mr. Sperling acknowledged the White-colored House didn’t accept exactly what wound up within the Innovation Act. There is some suggestion the fee-shifting provision based in the final House bill wasn’t exactly what the White-colored House was expecting. Rather, obama had initially recommended modifying the patent attorney fee provision to get it mirror the same provision within the copyright statute. This, presumably, meant taking out the “exceptional situation” requirement, while keeping the default “American Rule,” by which generally each side pay their very own costs. Obviously, the supply within the Innovation Act adopted the so-known as “British Rule,” using the default because the losing (i.e., non-prevailing) party pays. Mr. Sperling established that the White-colored House was available to comprise around the issue. Nonetheless, he stated obama is hopeful he can sign the brand new legislation into law between 2014.
When it comes to executive initiatives, the best was the launching of the new “on-line toolkit” “[t]o help level the arena and be sure individuals and companies know their legal rights and know about available sources before getting into pricey litigation or settlements . . . .” On this website, you will find icons for a number of sources forwarded to victims of abusive patent practices. The very first link provides information for how to proceed if “I have been sued,” which supplies details about the patent litigation process. Also in this particular link are sources to assist look for a lawyer (with links towards the Office’s listing of registered patent agents and attorneys, in addition to condition bar attorney lists), determine whether other people continues to be sued within the same patent, and supply details about challenging the patent in the office. Another link is forwarded to people who have obtained demand letters. The sources on this website include identifying choices for the demand-letter recipient, supplying guidance when the recipient is definitely an finish-user customer (with convenient links towards the states attorney general’s offices and also the Federal trade commission), and supplying links for more information details about the asserted patent and who may be behind the demand letter. The PTO toolkit includes links to assist identify related cases, to supply details about the patent violation process, and also to more generally provide details about patents.
Possibly probably the most interesting link about this new “online toolkit” web site is the “Sources and Reference.” Within this section, the Patent Office provides links to many other sites, a minumum of one which has mentioned quite plainly that “the patent product is damaged,” which the “US Patent Office . . . issues questionable patents every single day.Inch Among the “sources” would be to an audience-sourcing website, Ask Patents, which could assist accused infringers in identifying invalidating prior art. This is actually the same site that the Electronic Frontier Foundation (“EFF”) accustomed to help discover the art which was reported in the petition for Inter Partes Overview of Personal Audio’s podcasting patent (see “When NPR Podcasters Hit the Patent System – An Update”). Additionally, among the “sources” is really a connect to the “Trolling Effects” website, which “is really a project from the Electronic Frontier Foundation . . .” (“About Trolling Effects”). This website also starts in the premise the patent product is damaged, while offering a “crowd-sourced” demand-letter database. Obviously, submission of demand letters is solely voluntary, and it is, for apparent reasons, only made by recipients. Presently the database holds about 45 letters. And, unsurprisingly, another among the “sources” may be the EFF website itself, evidently with regards to supplying “legal services and referrals, via a ‘Cooperating Attorney’ list.”
About “crowdsourcing,” the White-colored House also announced three new executive actions targeted at “encouraging innovation and additional strengthen[ing] the standard and ease of access from the patent system.” The very first of those, “Crowdsourcing Prior Art,” is really a new initiative to grow ways that everyone might help patent examiners and applicants find prior art. No details were provided, however, about how exactly this type of system works. Second, the White-colored House indicated it had become presenting better quality technical practicing its patent examiners. The Administration is requesting that “innovators . . . volunteer time and expertise” to supply such training. Finally, the White-colored House indicated that it’ll dedicate sources to help inventors without an attorney.
Patent Docs continuously set of any updates in the White-colored House associated with these executive actions and initiatives.