State of Innovation

Patents and Innovation Economics

CAFC Appointments

According to IPWATCHDOG President Obama has renominated Edward C. DuMont and Jimmie Reyna to serve on the United States Court of Appeals for the Federal Circuit.  Neither of them are patent attorneys.  As I pointed out in my post Makeup of the CAFC, the number of patent attorneys on the court has been shrinking since its creation.  Neither DuMont or Reyna have a technical background.  Patent law requires both an understanding of the underlying technologies involved and an understanding of the law.  We have seen consistently bad decisions out of the Supreme Court and CAFC because they do not understand the underlying technologies.  It takes a number of years to understand patent law, it is not like other areas of the law.  For instance, most judges do not understand the very basic concept that all inventions are combinations of existing elements.  They do not understand that this follows from conservation of matter and energy.  It is not a legal concept it is fundamental principle of reality.  We need patent attorneys with strong technical backgrounds on the CAFC, if we are going to have a well function patent system in the US.

 

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January 11, 2011 - Posted by | -How to, Patents | ,

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