Patent Law Weblog
recent posts
- Apple v. Squires: USPTO Director Has Unlimited Discretion on IPR Institution
- The Ghost in the Machine: Why GenAI Can Be Both a Brilliant Researcher and a Terrible Advocate
- Bayer Files Suit Against Trio of COVID-19 Vaccine Makers
- Allen v. Cooper (4th Cir. 2026)
- To Require an Inventor ID, or Not to Require an Inventor ID – That Is the Question
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Category: Patent Legislation
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By Donald Zuhn — On June 28, Rep. Allyson Schwartz (D-PA) introduced legislation (H.R. 2605) to amend the Internal Revenue Code of 1986 to allow a deduction for "patent box" profit from the use of U.S. patents (and foreign patents in certain circumstances). The bill, also known as the Manufacturing Innovation in America Act of…
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By Donald Zuhn — It has been less than three months since the remaining provisions of the Leahy-Smith America Invents Act (AIA) took effect, and just short of five months since the AIA Technical Corrections Act was enacted to "correct and improve certain provisions" of that legislation. Nevertheless, Congress is once again looking to further…
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By Andrew Williams — On February 14, 2013, President Obama stated in reference to non-practicing Patent Assertion Entities ("PAEs") (aka "Patent Trolls") "they don't actually produce anything themselves. They're just trying to essentially leverage and hijack somebody else's idea and see if they can extort some money out of them . . . ." See…
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By Kevin E. Noonan — Paul Bender, former Clinton-era Principal Deputy Solicitor General, and his colleagues Christopher A. Mohr and Michael Kippler at the University of Arizona Law School, published a White Paper entitled "S. 214's inappropriate interference With the Fundamental Right to Settle Litigation" on Monday, March 25, the very same day that the…
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By Kevin E. Noonan — The tendency for members of the House of Representatives to exhibit ignorance of the patent system, so amply demonstrated in the "debate" over H.R. 6621 at the end of the last Congress (see "Congressional Misunderstandings (Apparently) Motivate H.R. 6621"), persists in the 113th Congress. The most recent example is H.R.…
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By Donald Zuhn — Reflecting upon the events of the past twelve months, Patent Docs presents its sixth annual list of top biotech/pharma patent stories. For 2012, we identified fifteen stories that were covered on Patent Docs last year that we believe had (or are likely to have) the greatest impact on biotech/pharma patent practitioners…
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By Donald Zuhn — Reflecting upon the events of the past twelve months, Patent Docs presents its sixth annual list of top biotech/pharma patent stories. For 2012, we identified fifteen stories that were covered on Patent Docs last year that we believe had (or are likely to have) the greatest impact on biotech/pharma patent practitioners…
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By Kevin E. Noonan — The Senate on Saturday passed an amended version (S. Amendment 3344) of H.R. 6621, Rep. Lamar Smith's bill "To correct and improve certain provisions of the Leahy-Smith America Invents Act and title 35, United States Code." In this version, the (in)famous, controversial and unnecessary provisions relating to so-called pending "pre-GATT"…
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By Kevin E. Noonan — Rep. Dana Rohrabacher (R-CA46) has written regarding our discussion of his remarks regarding H.R. 6621 (see "Congressional Misunderstandings (Apparently) Motivate H.R. 6621"). In his own words (as sent to us by his Communications Director, Ms. Tara Olivia Setmayer): Mr. Rohrabacher would like the opportunity to respond to your blog posting…
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By Kevin E. Noonan — The House passed H.R. 6621 last night, on a vote of 308-89 (the roll call being demanded by Rep. Dana Rohrabacher over a request for a voice vote from the bill's sponsor, Rep. Lamar Smith). The substance of the substantive provisions of the bill, and their evolution since the bill was…
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