State of Innovation

Patents and Innovation Economics

PTO Withdraws Continuation and Claims Rules!

According to AIPLA the Patent and Trademark Office announced October 8, 2009, that it will rescind the claiming and continuations rules package that have been the subject of litigation in Tafas v. Kappos.  GlaxoSmithKline and the USPTO, parties to the litigation, have agreed to request the Federal Circuit to dismiss the appeal in that case and to vacate the district court decision below.

This is excellent news and shows that Director Kappos is listening to the patent community.  These rules would have been disastrous for independent inventors and start-up companies.  They also would have increased the pendency time for patent applications.  Hopefully this is a further sign that Director Kappos intends to undue the reprehensible damage Director Dudas did the USPTO.

October 8, 2009 Posted by dbhalling | -How to, -Law, Patents | | No Comments Yet

Bilski, Financial Patents, and the Financial Crisis

The Bilski case that the Supreme Court is suppose to rule on in this term is about a patent application for a method of hedging a commodity.  Specifically, Bilski describes a method of level billing for energy using a Monte Carlo simulation to estimate the future costs of the underlying commodity.  The legal question is whether the Bilski patent is directed to statutory matter.  For instance, patents cannot be directed to laws of nature, meaning that laws of nature are not directed to statutory matter.  There is concern that the Supreme Court may use this case to rule that patents directed to financial products are not statutory. Read more »

October 8, 2009 Posted by dbhalling | -Economics, -Law, Innovation, Patents, Uncategorized | | 4 Comments