Critics of the U.S. patent system are misinformed,...
Critics of the U.S. patent system are misinformed, said U.S. Patent and Trademark Office Director David Kappos during an address at the Center for American Progress on Tuesday. “Now that we've got the America Invents Act, we're empowered to do…
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a lot more” he said. “Many of its provisions are extremely well suited to software patents.” Kappos said that the Act’s provision that third parties can submit prior art is a major step forward for the patent system. “For the first time in the history of our patent system, third parties can submit prior art to our examiners,” he said. “Now anyone can participate in the patent system and contribute to higher patent quality.” He asked that critics “give the America Invents Act a chance to work. Give it a chance to even get started.” Kappos said the patent system and the USPTO still have work to do, including working on “deciphering ownership.” It “can be a real challenge … to find those who own patent rights” when someone is looking to use a patented technology, he said. The USPTO would also look at the “fresh legislative suggestions,” he said, including the Saving High-Tech Innovators from Egregious Legal Disputes (SHIELD) Act (HR-6245), which would deter unwarranted infringement claims by requiring the loser of an infringement case to pay the court fees. “The administration has no position at this point” on the SHIELD Act, Kappos said.