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
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 LimitationsMust 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 709/223000
And then determine if it’s been done before, anywhere.
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
TheEntireComm
unityApplic
ant
Relevant Prior
Art
Examiner
Applicant
Current
Lowering the Legal Standard for Patent Invalidity
Beyond Reasonable Doubt
Clear and Convincing Evidence
Preponderance of the Evidence
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