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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, February 20, 2015
BY JOE CORTRIGHT | OB CONTRIBUTOR
"Shipping containers to Portland is like waiting for a bus that travels once a day."
Friday, January 23, 2015
BY DAN COOK | PHOTOS BY JASON E. KAPLAN
A real-estate developer and a Lithia Motors executive aim to revamp the city's forlorn downtown.
Tuesday, January 27, 2015
Power Lunch at the Imperial.
Friday, February 20, 2015
BY AMY MILSHTEIN | OB CONTRIBUTOR
Multilevel marketing, health claims and zyto scanner biofeedback machines: How dōTERRA thrives in Oregon.
Tuesday, January 20, 2015
BY LINDA BAKER | OB EDITOR
A place-based multimodal transportation plan for Mt. Hood is long overdue.
Thursday, January 08, 2015
BY CAMBIA HEALTH SOLUTIONS & OREGON BUSINESS COUNCIL | OP-ED
Businesses have a significant stake in the health of Oregonians. In fact, we cannot succeed without it. By committing to using our companies as levers for good health, we invest in our people, our business, our quality of life and our economy.
Wednesday, January 14, 2015
BY JACOB PALMER | OB DIGITAL NEWS EDITOR
Portland's cab companies urged city hall for consideration as officials weigh new rules for Uber and other ridesharing companies.
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