Oregon startups turn to patents

| Print |  Email
Articles - February 2013
Monday, January 28, 2013

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.

0213 Data 03 500pxW

0213 Data 04 



 

More Articles

Up in the Air

June 2015
Friday, May 22, 2015
BY ANNIE ELLISON

Portland tech veteran Ben Berry is leaving his post as Portland’s chief technology officer for a full-time role producing unmanned aerial vehicles (UAVs) aimed at first responders and the military. Berry’s AirShip Technologies Group is poised to be on the ground floor of an industry that will supply drones to as many as 100,000 police, fire and emergency agencies nationwide. He reveals the plan for takeoff.


Read more...

Intrepid reporter checks out ZoomCare rebrand

The Latest
Wednesday, May 27, 2015
dentistthumbPHOTOS BY JASON E. KAPLAN

Like all good journalists, OB editorial staff typically eschew freebies. But health care costs being what they are, digital news editor Jacob Palmer couldn't resist ZoomCare's offer of a three-in-one (cleaning, exam, whitening) dental office visit, guaranteed to take no more than 57 minutes. 


Read more...

5 stats about Oregon fireworks

The Latest
Thursday, June 18, 2015
fireworksthumb001BY JACOB PALMER | DIGITAL NEWS EDITOR

Fireworks are a booming industry, even if the pyrotechnics have turned July 4th into a day fire marshals, and many residents, love to hate.


Read more...

6 things to know about the Amtrak Cascades route

The Latest
Friday, May 22, 2015
thumb3BY JACOB PALMER | DIGITAL NEWS EDITOR

The recent tragedy in Philadelphia has called attention to Amtrak and the nation's woefully underfunded rail service. Here are six facts about the Amtrak Cascades corridor between Eugene and Vancouver B.C. 


Read more...

6 key things to know about summer baseball in Oregon

The Latest
Friday, June 05, 2015
basedthumbBY JACOB PALMER | DIGITAL NEWS EDITOR

As temperatures in Oregon creep into the 90s this weekend, Oregonians' thoughts are turning to — summer baseball.


Read more...

Photo Log: The 2015 100 Best Green Workplaces in Oregon

The Latest
Wednesday, May 27, 2015
greenthumbPHOTOS BY JASON E. KAPLAN

Oregon Business celebrated the 100 Best Green Workplaces with an awards luncheon yesterday at the Nines Hotel in downtown Portland.


Read more...

Queen of Resilience

June 2015
Friday, May 22, 2015
BY AMY MILSHTEIN

Astrid Scholz scales up sustainability.


Read more...
Oregon Business magazinetitle-sponsored-links-02
SPONSORED LINKS