May 2004

Small Firm Business Page

May 3, 2004PatentDennis Crouch

Great Site for Small Firms: The nice folks at Law.com have provided a link to this blog. If you are a small firm or a solo practitioner, be sure to check out the Law. com Small Firm Business page. There are some interesting stories and links to other relevant websites.

Nipper on Harmonization

May 3, 2004Articles and Publications, PatentDennis Crouch

Stephen Nipper has a nice post discussing harmonization issues between the USPTO, JPO, and EPO. (PDF)

Playwright Licensing and Antitrust

May 3, 2004Patent, Patent LegislationDennis Crouch

Senator Hatch recently inroduced the Playwrights Licensing Antitrust Initiative Act of 2004 in the Senate. (S. 2349). According to the Bill,

the antitrust laws shall not apply to any joint discussion, . . . or agreement for the express purpose of, and limited to the development of a standard form contracting minum terms of artistic production and levels of compensation for playwrights.

The Bill appears to essentially allow playwrights to collectively bargain against producers. Arthur Miller testified in favor of the legislation.

His testimony came 48 years after he was cited for contempt for not cooperating with the House Un-American Activities Committee. He was also blacklisted by Hollywood for refusing to identify fellow artists with possible links to the Communist Party.

(Article)

Patent Office Funding III: Filing Fees

May 2, 2004Patent, Patent LegislationDennis Crouch

The patent office funding bill (H.R. 1561) seems to become law. Here are some of the proposed changes:

	Current Fees	Fees in Bill
Filing Fee	$770	Filing: $300 Search: $500 Examination: $200 Total: $1000
Extra independent claims >3	$86	$100
Claims >20	$18	$50

Long disclosure	$0	$250 for ea. 50 sheets over 100
Electronic Filing	$0	$225 discount

Issue Fee	$1330	$1400

Small entities retain 50% cut.

More patent related legislation commentary is available here.

Patent Piracy, The Book

May 1, 2004Articles and Publications, PatentDennis Crouch

A new book by Harry Arzouman is coming out called Patent Piracy. The book is not yet released, but apparently it is the author’s own story about how his ideas were stolen and then regained. Published by Sterling House.

The USPTO lists 16 patents for Mr. Arzouman that primarily focus on hydraulic jacks.

Patent Infringement Jury

May 1, 2004Articles and Publications, PatentDennis Crouch

Jennifer Miller has published an iBrief in the Duke Law & Technology Review discussing whether litigants have a right to a jury trial in patent infringement cases. (Article)(PDF) Ms. Miller presents an argument that the seventh amendment does not guarantee a jury trial in complex cases. In addition, she notes that the fifth amendment right to due process may bar a jury “trial where a jury would be unable to perform its job because of a failure to grasp the legal issues or the underlying facts of a case.”

Patent Office Funding II

May 1, 2004Patent, Patent LegislationDennis Crouch

Matthew Buchanan recently reported on the widespread support for the United States Patent and Trademark Fee Modernization Act of 2004.

It’s very interesting that this bill is enjoying such broad support, considering that it represents a large increase in patent fees. Apparently, the anti-fee diversion provisions and the promises that USPTO will initiate further reforms once diversion ends are so attractive that a significant fee increase has become secondary. (Commenting on the IP Coalition letter (PDF)).

Most patentees spend several thousand dollars on attorney fees but much less on patent office fees. If a modest increase in fees can either 1) increase patent office efficiency or 2) increase patent quality, then most of us will be happy. The patent office has been getting a bad rap lately, perhaps this funding will help turn the tide.

See Part I.