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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.
Wednesday, August 19, 2015
BY JACOB PALMER
A Power Lunch at Bob's Red Mill Whole Grain Store and Restaurant.
Wednesday, August 26, 2015
BY KIM MOORE AND LINDA BAKER
Child care in Oregon is expensive and hard to find. We delved into the numbers and talked to a few executives and managers about day care costs, accessibility and work-life balance.
Monday, July 13, 2015
BY SAM BLACKMAN
Storyteller-in-chief with the CEO and co-founder of Elemental Technologies.
Friday, August 14, 2015
BY JACOB PALMER | DIGITAL NEWS EDITOR
17 airlines make stops at Portland International Airport, but not all are created equal when it comes to customer service.
Friday, July 10, 2015
BY JOE CORTRIGHT
The false promise of economic impact statements.
Thursday, July 09, 2015
The sweltering weather didn't keep the crowds away. Although the numbers were down slightly from last year, the Oregon Food Bank raised $850,636 to fight hunger. About 80,000 people attended despite temperatures in the upper 90s.
Friday, July 10, 2015
BY AMY MILSHTEIN
When gossip crosses the line.
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For good or ill, gay marriage inspires many people. They have strong feelings about it. Sometimes those strong feelings are grounded in religion and sometimes they are not. When the workplace is added to the mix, emotions tend to run high. After giving an overview of two current situations, The Bullard Edge is going to outline three key points for consideration and clarity.
Yesterday, a divided National Labor Relations Board dropped another hammer on the employer community. In a long-awaited and much debated move, the Board jettisoned the decades old standard for determining when two independent businesses should be considered joint employers of an individual worker for collective bargaining purposes.
Transforming the culture of Oregon’s educational leadership.
Attendance, breakfast buffet, materials, certificate of attendance and parking are all complimentary on behalf of the firm.
New regulations are in effect and more updates are on the horizon, are you prepared?
The Oregon Entrepreneurs Network (OEN) is pleased to announce 16 finalists — from over 60 nominees — for the 2015 OEN Tom Holce Entrepreneurship Awards.