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5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

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9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

The Politicization Of The US Patent System

The Washington Post story, How patent reform’s fraught politics have left USPTO still without a boss (July 30), is a vivid account of how patent reform has divided the US economy, preempting a possible replacement for David Kappos who stepped down 18 months ago. The division is even bigger than portrayed. Universities have lined up en masse to oppose reform, while main street businesses that merely use technology argue for reform. Reminiscent of the partisan divide that has paralyzed US politics, this struggle crosses party lines and extends well beyond the usual inter-industry debates. Framed in terms of combating patent trolls through technical legal fixes, there lurks a broader economic concern – to what extent ordinary retailers, bank, restaurants, local banks, motels, realtors, and travel agents should bear the burden of defending against patents as a cost of doing business.


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    US Patent Reform Advances Furthest In Congress In 10 Years

    Published on 24 June 2011 @ 1:35 am

    By for Intellectual Property Watch

    The US House of Representatives this evening passed HR 1249 – the closest action patent reform has come to being enacted into law in the past 10 years. But there were some changes made to the bill.

    After numerous objections from many Democrats and some Republicans – ranging from the perception that the bill favours big business over smaller inventors, to the detriment of moving to a first-to-file system, to not providing the US Patent and Trademark Office with enough resources to get rid of its huge patent application backlog – HR 1249 passed by a vote of 304 to 117.

    But because the Senate passed version, S 23, differs slightly from the House version, the two bills must be reconciled in conference committee, and then come back to each chamber’s floor again for final passage. It’s unclear exactly when that conference will happen. But the Obama administration still wants a definitive end to fee diversion – a controversial portion of the bill.

    Fee diversion refers to when any fees collected by the US Patent and Trademark Office (USPTO) for its services are diverted to uses not related to patents, or to other agencies altogether. The bill voted out by the House tonight forces the USPTO to put any extra fees collected – those not included in the agency’s original budget – into a separate fund whose appropriations need to be approved by Congress.

    “We are encouraged by the statements of so many members of Congress calling for the USPTO to have full access to all of its fee collections,” USPTO Director David Kappos said in a statement. “We are particularly thankful to Chairman Rogers [a Kentucky Republican] for his commitment to ensure that the USPTO has full access to its fees when fee collections exceed Congress’ annual appropriation for USPTO.”

    “Full funding of the USPTO is necessary for the USPTO to successfully implement this legislation and to more effectively perform its core mission,” Kappos said.

    Lawmakers in favor of the bill stressed that the money will only be used for patent purposes.

    “For the first time we are establishing an exclusive PTO reserve fund that will collect all excess PTO fees and bring an end to fee diversion,” said Rep. Bob Goodlatte, the Virginia Republican who chairs the House Judiciary Intellectual Property Subcommittee. “Patent reform has been a long road … ending fee diversion has been an important goal for all of us.”

    But many Democrats and some Republicans – as well as numerous stakeholder groups – argued that the door is still left open for those USPTO fees to be diverted for other uses, and that once again, Congress is shortchanging the agency from utilising all available resources to get rid of the backlog.

    “That was the whole purpose for which we started off this process” – to give the USPTO its full funding, said Rep. Mel Watt, a North Carolina Democrat. “The manager’s amendment waters it down and makes it ineffective.”

    Intellectual Property Watch provided steady coverage of the House floor debate this week, here (IPW, US Policy, 22 June 2011).

    Other amendments that were approved today include:

    -A measure to direct the USPTO to develop methods for studying the diversity of patent applicants, including those applicants who are minorities, women, or veterans.

    -To add a sense of Congress that it is important to protect the rights of small businesses and inventors from predatory behavior that could result in cutting off innovation and may provide an undue advantage to large financial institutions and high-tech firms.

    -To mandate a USPTO-led study on what USPTO, Small Business Adminsitration, and other agencies can do to help small businesses obtain, maintain, and enforce foreign patents.

    -To direct the USPTO to prescribe a requirement that parties provide sufficient evidence to prove and rebut a claim of derivation The “derivation” process is one by which a party can defeat an earlier filed patent application by showing that the invention in that application was derived from the party’s invention or concept.

    -To restore language for calculation of a 60-day period for application of patent term extension

    Liza Porteus Viana may be reached at lizapviana@gmail.com.

     

    Comments

    1. US Senate Vote On Patent Reform Expected In September | Intellectual Property Watch says:

      [...] passed different versions of the bill and must reconcile them before final passage in each chamber (IPW, US Policy, 24 June 2011). Related Articles:‘Long Overdue’ US Patent Reform Deal Reached; House Could Vote This [...]


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    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

     

     
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