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|Articles - February 2013|
|Monday, January 28, 2013|
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In response to these issues, Congress passed the Leahy-Smith America Invents Act (AIA), which became law in September 2011. It prescribes three major reforms: First, to try to improve the quality before a patent is issued, it has allowed more third-party input so USPTO examiners might get more relevant “prior art” as they judge whether an incremental gap in technology warrants a patent. This adds a crowd-sourcing aspect to patent examination, says Gregory L. Maurer, partner and patent attorney at Klarquist Sparkman LLP, a global intellectual property (IP) law firm in Portland. “It allows somebody to surface information they would otherwise overlook. Part of the hope is competitors would do that, but there’s also public interest groups,” he adds, that could provide feedback on pending patents.
Secondly, the AIA increased opportunities for post-grant review so challengers can dispute an already issued patent directly to the USPTO for a fee, instead of having to go to court. Stephen J. Joncus, a Klarquist Sparkman partner and IP litigator, likes this process and uses it frequently “because both sides get to argue.” It was designed to improve patent quality and divert some of the litigation surrounding disputed patents.
The third and most anticipated AIA change takes effect in March and will align U.S. policy with that of other countries. The patent system will move from first to invent as it’s been for more than 200 years, to first to file, so whoever files a valid patent first receives it whether or not they actually developed the technology. Joncus is skeptical that it could reduce litigation: “I don’t think I’ve ever been in a litigation where the first to practice was an issue.”
In the shadow of these AIA reforms, Oregon startups are busy innovating under the radar, relying on their attorneys to sort out legal details. But they still value patents and are concerned about the policy shifts.
Friday, July 10, 2015
BY JACOB PALMER
Most of the food Americans consume is trucked in from hundreds of miles away. Eric Wilson, co-founder and CEO of Gro-volution, wants to change that. So this past spring, the Air Force veteran and former greenhouse manager started work on an alternative farming system he claims is more efficient than conventional agriculture, and also shortens the distance between the consumer and the farm.
Wednesday, June 10, 2015
Jeff Lang and his wife Rae used to dole out campaign checks like candy. “We were like alcoholics,” Lang says. ”We couldn’t just give a little.”
Monday, June 22, 2015
The Clean Fuels/gas tax trade off will go down in history as another disjointed, on-again off-again approach to city and state lawmaking.
Thursday, June 25, 2015
An international architecture firm known for its design of the National September 11 Memorial Museum Pavilion in New York unveiled its plan this week for a modern indoor/outdoor food market at the foot of the Morrison Bridge in downtown Portland.
Friday, June 05, 2015
As temperatures in Oregon creep into the 90s this weekend, Oregonians' thoughts are turning to — summer baseball.
Friday, July 10, 2015
BY DAN COOK
The Affordable Care Act has triggered a rush on health care plan redesign, a process fraught with hidden costs and consequences.
Monday, July 06, 2015
Picking a business partner is not much different than choosing a spouse or life partner, and the business break-up can be as heart-wrenching and costly as divorce.
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