Confidence in the Patent System By David Freese

Acknowledgements Erica Wissolik Erin File Michael Meehan Sandy Yeigh

Long Answer – “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof” Patents - An Overview What it is: Right to Exclude What Qualifies: What is Required: Novel, Useful, Nonobvious What is Prior Art: Short Answer – Most Things

Quantifying the Issues

Examiner Limitations 1.8 to 24 hours to do all of the work associated with examining one patent 2.Guidance on how to apply “novel” and “obvious” changes quickly 3.Must apply guidance to new technology not directly addressed

Examiner Limitations Must be able to interpret this: “A method for implementing quality of service (QoS) request information, comprising: a policy enforcement functional entity (PE-FE) sending a policy decision functional entity (PD-FE) a QoS request message including predetermined parameters; wherein the predetermined parameters are used to represent the QoS request information of the transport layer.” - Patent application 709/ And then determine if it’s been done before, anywhere.

The Current Situation

Policy Objectives 1.Increase the confidence in the validity of the patents accepted by the USPTO 2.Strengthen the value of patent disclosures to the public domain and their definition of the scope of patent claims. 3.Maintain the strength of patent system as a tool for innovation across industries and size of companies (from independent inventor to multinational corporation)

Policy Alternatives Expansion of the Peer-To-Patent System Lowering the Legal Standard for Patent Invalidity Developing Memorandums of Understanding with Standards Developing Organizations

Concept Expansion of the Peer-to-Patent System Relevant Prior Art Examiner The Entire Community Applicant Relevant Prior Art Examiner Applicant Current

Lowering the Legal Standard for Patent Invalidity Beyond Reasonable DoubtClear and Convincing Evidence Preponderance of the Evidence

Developing Memorandums of Understanding with SDO ContributionsDraftsStandard

Recommendations Congress Lower the Legal Standard for Patent Invalidity USPTO Begin to Develop Memorandums of Understanding with SDO Continue to Study Expansion of the Peer-to-Patent System

Questions