Patent Reform 2015: A Comprehensive Guide to Current Patent Reform Developments in Congress, the Executive Branch, the Courts and the States (January 23, 2015 Edition)

Posted: 25 Mar 2014 Last revised: 27 Mar 2017

Date Written: January 23, 2015

Abstract

This White Paper compiles and explains, for a non-lawyer audience, all the many patent reform proposals being debated today in the U.S. Congress, the Executive Branch, the Courts, and the States. Topics include: Loser-Pays Fee-Shifting, Settlement Offers, Real Party-in-Interest, ITC Domestic Industry, Stay of Customer Suits, Joinder of Interested Parties, Stay of Discovery, Discovery Limitations, Attorney Sanctions, Pleading Infringement in More Detail, Post Grant Claim Construction, Covered Business Method Review Expansion, Post Grant Estoppel, FTC Enforcement, Bankruptcy Protection, Section 145 Repeal, Double Patenting, Federal Jurisdiction, PTO Funding, Car PARTS Immunity, Seed Patent Immunity, Fashion Design Protection, Ending Pre-GATT Patent Term, Micro Entity Expansion, Patent-Related Tax Deduction, Access to Federal Research, Reverse Settlements, Slashing Software Patent Term, Hiking Patent Maintenance Fees, Small Claims Patent Court, Prior User Defense, Grace Period "Disclosure", Third Party Disclosures, Secret Prior Art, Pre-Issuance Submissions, Inventorship Challenges, Section 101 Challenges in Post-Grant Review, Privy Estoppel in CBM Review, Filing Deadline for CBM Review, Limiting CBM Review to CBM Claims, Inventor’s Oath in Reissue Applications, Inventor’s Oath in Continuing Applications, Priority Claims in Assignee-Filed Applications, Executive Agency Proposals, FTC Investigation, ITC Standard Essential Patents, ITC Domestic Industry, PTO Real Party-in-Interest, PTO Software Examination, PTO Crowdsourcing of Prior Art, PTO Examiner Training, PTO Patent Litigation Abuse Webpage, GAO Study on Non-Practicing Entities, SBA Report on First-to-File, Model Discovery Orders, Judicial Conference Revision of Federal Procedure Rules, CLS Bank Software Patent Eligibility, Nautilus Indefiniteness, Octane Fitness and Highmark Exceptional Case, Limelight Divided Infringement, Baxter Decisional Finality, and State Unfair Competition Law (Vermont, Oregon, Wisconsin, Virginia, Kentucky, Pennsylvania, Minnesota, Nebraska, New York).

Keywords: Patent Reform, Patent Troll, Fee Shifting, USPTO, Inter Partes Review, Post-Grant Review, Covered Business Method, State Unfair Competition

Suggested Citation

Baluch, Andrew, Patent Reform 2015: A Comprehensive Guide to Current Patent Reform Developments in Congress, the Executive Branch, the Courts and the States (January 23, 2015 Edition) (January 23, 2015). Available at SSRN: https://ssrn.com/abstract=2414306 or http://dx.doi.org/10.2139/ssrn.2414306

Andrew Baluch (Contact Author)

George Washington University ( email )

2121 I Street NW
Washington, DC 20052
United States

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