Nearly two decades of Federal Circuit and Supreme Court decisions have disrupted the patent system and undermined inventors’ patent rights. Subject matter eligibility is a chaotic mess, and even the Chief Justice of the Federal Circuit is at a loss as to how to determine eligibility. The bog of invention enablement jeopardizes the software innovations that drive economic growth and the major life science innovations that can save lives. Court intervention in injunctions has made it nearly impossible for patent owners to stop others from using their property rights without permission, turning predatory infringement into an efficient business model. This already-perfect storm was exacerbated by an act of Congress a decade ago. This act inadvertently created a patent killing machine that weaponized the patent office against inventors. All this is bolstered domestically by the deep-pocketed marketing and lobbying of the tech giants who are now destroying the ladders they once climbed. The international exploitation of the undeclared Cold War has amplified internal threats and heightened the sense of urgency for resolution, leading to one of the greatest wealth transfers in human history, and who will develop tomorrow’s technology. It raises the existential question of whether
reform revolutionary
Over the past two months, Dr. Ashley Sloat and I had the opportunity and honor to host a conversation with a thought leader in the patent industry. Based on their insights, this episode explores the biggest problems plaguing patents and how these problems fit into the innovation economy, which relies so closely on strong, predictable, and reliable patents. Find out if it affects you. Based on that understanding, we are working to develop a more complete picture of the legislative, judicial, and educational solutions needed to return to the gold standard patent system. In doing so, you not only speak to your guests about their support for the proposed solutions, but also explore their strongest criticisms.
We have done this with the help of prominent industry moguls who are currently deeply in the groove of these issues and are working tirelessly to resolve them. That’s right.
- Judge Paul Michelle – Former President of the National Supreme Patent Court, who resigned to allow free speech on these issues.
- Professor Adam Mozoff – One of the brightest minds in intellectual property law, whose research is regularly relied upon by Congress, the Federal Circuit, and the Supreme Court for all aspects of patent law and innovation policy.
- Randy Landrenaud – Head of US Inventor, the nation’s largest inventor advocacy group, a group that has worked diligently to drive legislative and administrative change to protect inventors and innovative start-ups.
Our guests were very generous with their time. Over 6 and a half hours of interviews recorded! We want this to reach as many people as possible, and recognizing that time is always precious, we’ve compiled these conversation highlights into one episode. We only do episodes, but given the quality of these conversations and the value of each guest’s unique perspective, we’ll be releasing full-length interviews in weekly installments following the release of this condensed episode. I want to go deeper.
solution to the surface
The problems are many, the stakes are not high, but hope is not lost! With the help of our guests who work tirelessly to undo the watering down of the patent system, the biggest problems plaguing patents explore the benefits and feasibility of a wide range of potential solutions to
- A feature of the US patent system and a key factor in its economic success has been under attack by the judicial system. Explore the recently introduced Patent Eligibility Restoration Act and how it intends to fix the patent eligibility confusion.Our guests also carefully analyzed the bill’s wording and possible side effects, particularly for “non-technical” uses, the potential to de-patent software, the risk of reintroducing pathogen patents, and The bill would include Bilski, Myriad, Mayo, Alice (a.k.a. “Four Knights of the Innovation Apocalypse”) Decisions giving rise to exceptions to eligibility made by the judiciary.
- The other half of a twisted judicial puzzle that has had a particularly devastating effect on life sciences and pharmaceutical patents. We discuss his upcoming SCOTUS litigation, like Amgen v. Sanofi. This could add to or undermine the current confusion around the ability to patent important and life-saving innovations.
- Predatory Infringement. The American Invents Act (AIA) and its most unfortunate descendant, the Patent Trial and Appeal Board (PTAB), have resulted in an 84% invalidation rate, leaving thousands of valid patents in the hands of infringers looking to profit from innovation. disappeared. We didn’t invest in creating it. This infringement story is compounded by another of his SCOTUS decisions that made it nearly impossible to stop infringers from making, using, and selling pirated inventions. Designed to address these issues, he explores two laws, each in its own way. The STRONGER Patents Act and the Restoring America’s Leadership in Innovation (RALI) Act. We’ll explore the strengths and weaknesses of each, as well as how to successfully bridge one to the other.
- The myth of the patent troll. Every good story needs a compelling villain. The Big Tech patent troll story is his one of the most well-funded and successful misinformation campaigns in history. It has created a moral panic that presupposes so many of the judicial and legislative hoaxes we discuss. Debunking this myth is at the heart of any meaningful reform. Learn about its origins and how it formed the basis for the AIA and PTAB’s parliamentary actions.
- Patent pending indefinitely. Patents are constitutionally created property rights and are often compared to title deeds like the ones we have on our homes and other property. It seems like The PTAB’s invalidation rate is staggering, but research shows that even district courts invalidate patents at a staggering rate of about 40%. We discussed with our guests that voiding is a very rare exception under any circumstance and how decisions by the PTO could be closer to being binding. This includes the story of the gold-plated patent system and the impact of selection effects on court inefficiency.
- An undeclared cold war. A conflict-free system might work under the hood, but it might still be fine. But many experts are beginning to argue that with the rapidly escalating external threat of China’s undeclared Cold War, there is real urgency in addressing these internal problems. We recognize Congressional interest in the evolving problem of China’s transition from being a technology stealer to one successfully replicating parts of the U.S. system that has worked well for centuries, as well as dictatorship. Find out what national security is affected by letting the regime go unchecked. , a company actively involved in human rights abuses, defining and building tomorrow’s technology.
- Quality patent. As long as this is the world we live in, as inventors and practitioners, we can’t compromise on patents other than quality. You should focus on minimizing the surface area of this kind of challenge. We conclude the episode by offering practical tips for crafting the highest quality patents under these circumstances.
innovation competition
We’ve long wanted to do an episode focused on patent reform like this. Especially since he covered his 10-year gathering of his 2021 Stolen Dreams of U.S. Inventors in the U.S. Inventors Horror Story episode, how does the American Invents Act and his PTAB really work? It was for the inventor that devastated it. A few years later, the makers of a new documentary titled ‘The Innovation Race’ contacted us to screen their film.
Bipartisan interviews with people like Senator Chris Coons of Delaware and Rep. Thomas Massey of Kentucky, along with countless inventors, judges, generals, law professors, policy experts, and more, make this You can hear some stories in the episode. The film analyzes this systemic erosion of intellectual property rights and illustrates the imminent economic and national security threat of China exploiting these weaknesses in US patent protection. For options and more information, visit innovationracemovie.com. The final touches on the solution film serve as a starting point for today’s discussion.
dig deep into the problem
We’ve covered these issues extensively in past episodes, and our expert panel has provided some very practical tips and strategies for dealing with the world that exists. See below for more information.
