Patent laws often don't
require patent owners to actually use the patent, only that they prove either ownership or validity of the patent.
It would
require patent owners to provide more in - depth information about the alleged infringement at the time when they file suit (it's a common patent troll tactic to waste defendants» time and money with unclear allegations).
EFF filed a brief, urging the Federal Circuit to throw out the abstract patent and proposing that the Court
require patent owners to claim what they actually invent and nothing more.
It would
require patent owners to provide more information upfront about the alleged infringement.
Require patent owners to explain in detail the basis for the alleged infringement when they file a complaint.
(a) When the patent owner moves to amend its claims under 35 U.S.C. § 316 (d), may the PTO
require the patent owner to bear the burden of persuasion, or a burden of production, regarding patentability of the amended claims as a condition of allowing them?
Requiring patent owners to reveal their ownership when demanding licenses and attempting to enforce a patent;
To ensure that abstract ideas implemented using a computer can not be patented, the Federal Circuit should establish a test that
requires patent owners to claim what they actually invented and nothing more, the Electronic Frontier Foundation told the court Friday.
Not exact matches
For instance, she urged the
Patent and Trademark Office to begin
requiring that the
owners of
patents to disclose their identities and keep updated records of that information.
A
patent owner can elect to pursue a
patent infringer's profits rather than proving her own damages, and the losing party in a dispute is theoretically liable for the winner's costs (in contrast to the «American Rule»
requiring each party to bear its own costs).
Under the rules, both the licensee and licensor (
patent owner) would be
required to submit the disclosure reporting the license transaction.
There are a number of rules and restrictions that restrict the ability to extend
patent rights — i.e. get more than the patent owner bargained for, including «double patenting» but some of the earlier concerns about extending patent protection through double patenting no longer apply under our current Patent Act which requires that patents and any divisional patents expire on the sam
patent rights — i.e. get more than the
patent owner bargained for, including «double patenting» but some of the earlier concerns about extending patent protection through double patenting no longer apply under our current Patent Act which requires that patents and any divisional patents expire on the sam
patent owner bargained for, including «double
patenting» but some of the earlier concerns about extending
patent protection through double patenting no longer apply under our current Patent Act which requires that patents and any divisional patents expire on the sam
patent protection through double
patenting no longer apply under our current
Patent Act which requires that patents and any divisional patents expire on the sam
Patent Act which
requires that
patents and any divisional
patents expire on the same day.
In
patent infringement cases, the law
requires that the
patent owner receive from the infringer «damages adequate to compensate for the infringement,» but in no event less than a reasonable royalty.
However, since it had failed to engage in the
required rulemaking process, the USPTO could not place the burden of persuasion on the
patent owner.
As a result, a
patent owner seeking to amend claims at a minimum is
required to present evidence that the proposed amendment must responds to a ground of unpatentability involved in the trial and does not seek to enlarge the scope of the claims or introduce new matter.
As a result, some PTAB practices will
require modification, and
patent owners and petitioners will need to reassess their strategies.
He suggests two additional reforms that would lead to better protection of intellectual property and high - quality
patents: One would
require clear identification of
patent owners, their affiliates, and partners or licensors to provide transparency to defendants in any potential infringement action.
The VENUE Act would
require the plaintiff in a
patent suit to file in a district where it makes sense — for example, where the defendant's principle place of business is; where the
patent owner has a working manufacturing facility; or where the inventors of the
patent live.
Three of the most high profile proposals are: (1) the Saving High - tech Innovators from Egregious Legal Disputes (SHILED) Act «forces
patent trolls to financial responsibility for frivolous lawsuits»; (2) the Patent Quality Improvement Act expands the AIA by allowing more businesses to be covered under the transitional program for business method patents; and (3) the End Anonymous Patent Act, which requires the owner of patents to register with the
patent trolls to financial responsibility for frivolous lawsuits»; (2) the
Patent Quality Improvement Act expands the AIA by allowing more businesses to be covered under the transitional program for business method patents; and (3) the End Anonymous Patent Act, which requires the owner of patents to register with the
Patent Quality Improvement Act expands the AIA by allowing more businesses to be covered under the transitional program for business method
patents; and (3) the End Anonymous
Patent Act, which requires the owner of patents to register with the
Patent Act, which
requires the
owner of
patents to register with the UPSTO.
Require that demand letters contain certain basic information, such as a description of the
patent at issue, a description of the product or service that allegedly infringes it, the names and contact information for the
patent's
owners, and disclosures of ongoing reexaminations or litigations involving that
patent.
Require more
patent owners to pay for defendants» legal fees and costs when a lawsuit alleging infringement is objectively baseless and frivolous.