decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
The President's Executive Action Addre - can do better ssing Overbroad Functional Claiming ~pj | 457 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
The President's Executive Action Addressing Overbroad Functional Claiming ~pj
Authored by: MDT on Thursday, June 06 2013 @ 10:59 PM EDT
The new rules on challenging patents means that after the retraining, the USPTO
*should* (knock on wood) toss them out. Granted it requires a re-challenge, but
if someone is being obnoxious with the patent, someone will challenge it. If no
one is using the overbroad patent, it can die a cowards death.

---
MDT

[ Reply to This | Parent | # ]

The President's Executive Action Addressing Overbroad Functional Claiming ~pj
Authored by: PolR on Friday, June 07 2013 @ 01:05 AM EDT
IANAL, by I think the president and the USPTO will work together like this:

The USPTO must prepare a legal argument for justifying the new rules. If an
applicant has his patent rejected, he may appeal to the Federal Circuit. Once
someone does so, the USPTO must present their argument. If the Federal Circuit
accepts the argument it becomes a precedent applicable to all issued patent.
Problem solved.

If the Federal Circuit rejects the argument they need not stick with the status
quo. They may present some alternative of their own. The President with the help
of the USPTO will evaluate whether the Federal Circuit decision is acceptable to
him. If it is not acceptable he will work with Congress to change the law.

[ Reply to This | Parent | # ]

The President's Executive Action Addre - can do better ssing Overbroad Functional Claiming ~pj
Authored by: Anonymous on Friday, June 07 2013 @ 04:03 PM EDT
he will do better by insisting on use of simple/common English in patent
document

- how many people read and can *understand* these patent document ?
- how can someone copy their work if they can't even understand them?

[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )