Utah IP Summit

Today was the Utah IP Summit - a conference mainly attended by geeks who went to law school and now practice patent law.  There were several insightful speakers including Judge Arthur Gajarsa of the Court of Appeals for the Federal Circuit.  Judge Gajarsa discussed recent Supreme Court cases involving patent law.  Judge Gajarsa was very diplomatic but implicity confirmed what of the practitioners already believe - the Supreme Court messed up patent law with their recent decisions.  The Supreme Court is looking to take additional cases on patent law - everyone hold on. 

(Suggestion for our next President - put someone on the Supreme Court and several on the Court of Appeals for the Federal Circuit who actually understand patent law.  Likewise, appoint a patent attorney as the Director of the U.S. Patent and Trademark Office.  Yes, it gets in the way of political graft - but it would be a refreshing change.)

Unforturnately, the assault on patent law is coming from all directions at the moment.  The Eastern District of Virginia enjoined new patent rules that the U.S. Patent and Trademark Office sought to inflict on everyone last fall.  Congress, however, is likely to inflict damage as well in its new "patent reform" proposals.  It looks like they could very well pass.

Without getting into the mind numbing details, the "patent reform" proposal will make patents more challenging for everyone, but will most significantly impact independent inventors and small companies.  For some odd reason, our own Senator Hatch is one of those leading the charge for this misguided proposal which will have a negative effect on the majority of patent applicants from Utah.  I am completely baffled why a Senator from Utah would support the proposal.  Perhaps special interests count more than the individual inventors and small companies that make up much of Utah's economy.

 

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