Patent Protection Decreasing During Tough Economic Times

It is no surprise that applying for and obtaining a patent is an expensive endeavor.  It is no surprise that enforcing a patent through litigation or a licensing program is generally an even more expensive endeavor.  Traditionally during tough economic times, patent enforcement efforts pick up, as companies look to their IP portfolios as revenue producing assets, apart from normal product or service profits.  But is that happening today?

Patent Litigation: Congress Steps the USPTO Further Into Patent Litigation Strategy Considerations

The Patent Reform Act of 2009 (Senate Bill, House Bill), recently unveiled by Congress, includes new provisions that could be used as patent litigation tools.  Patent infringement lawsuits are brought before United States federal courts, and the United States Patent and Trademark Office (USPTO) does not adjudicate patent infringement.  The USPTO serves as the gatekeeper for deciding whether to issue patents and provides out of court means for determining some validity issues, including inventorship issues via patent interferences, post patent grant prior art validity issues via patent reexamination and post patent grant claim scope issues via reissue.  The 2009 Patent Reform Act includes a post-grant review proposal that allows a petitioner to challenge validity of a newly issued patent in a cancellation proceeding.

Patent Attorney Woes?

The USPTO is allowing a fewer percentage of patents than it did 10 years ago.  In 1998, the USPTO allowance rate was over 70%.  Yet in 2008, the USPTO allowance rate was less than 45%.  Why is it harder to get a patent today?