- Quote of the week: “Am I starting to grow nostalgic for Jon Dudas? At least he hated all applicants, big and small. Jon, Jon, Jon – should I have not doubted your wisdom?” Greg Aharonian, on contemplating the potential that Dave Kappos (IBM) will be the next PTO director.
- My Discussion of Kappos: Here.
- Section 2 of the Sherman Act: The Truth on the Market Blog is hosting a series of interesting articles on reforms of Section 2 (unilateral monopolization). Expect a post from IP/Antitrust leader Hovenkamp on Tuesday or Wednesday. [Link].
“Greg Aharonian has been criticizing the entire patent system for at least 15 years, while making a living at it apparently.”
The two are not mutually exclusive; nor should they be.
“One would think he would have at least taken the time to pass the agent’s exam by now.”
What does this have to do with the kind of work he’s chosen to do…and the views he holds?
“I don’t know why a legit blog like PatentlyO would give him the time of day.”
Simple: Because Greg’s views, opinions, and recommendations; even if/when one disagrees with them; are worthy of consideration…and therefore legitimate.
“Applicants need to have confidence that their patent is valid and enforceable prior to litigation”
As Mooney will undoubtedly tell you, this is false.
“If improvemnts are not made (and soon) WRT quality, pendency, production and the many other issues within the office any changes made WRT enforcemnt and litigation, etc. will be of little use.”
This is false. And is probably based on your complete lack of understanding as to what the issues are in enforcement and litigation.
“We need someone that understands these problems and is able some up with new ideas and create an enviroment where these things can improve.”
This is true. What is needed is somebody who sees through Mr. Doll’s lies that the 1.2M application backlog and the 32+ month pendency are entirely the fault of applicants and the patent bar. What is really needed is somebody to come in and on day one sign Mr. Doll’s retirement papers (whether they are submitted voluntarily or involuntarily).
MaxDrei, I don’t think there are too many geniuses in law (until Marilyn vos Savant takes the LSAT!)… Most lawyers are lost in meaningless pedantic journalist-style-argument over the meaning of the few words (lateral thinking) that effect the outcome of their case. Deductive reasoning appears to have all but have been lost after the LSAT (which is so far lacking in generalization question it can hardly be called an IQ test).
Perhaps the parting words of my engineer boss (who was a genius) are appropriate: “If you were smart enough to be an engineer, you should be smart enough NOT to be a lawyer”
Whomever the new director (or whatever you want to call him/her) will be, they need to understand what the problems are WITHIN the PTO. Without this understanding, there is little chance of meaningfull reform or improvements in the prosecution side. Many of the problems after prosecution are the result of problems during prosecution.
If improvemnts are not made (and soon) WRT quality, pendency, production and the many other issues within the office any changes made WRT enforcemnt and litigation, etc. will be of little use.
Applicants need to have confidence that their patent is valid and enforceable prior to litigation and get the patent and corresponding protection much quicker. Waiting 3-4+ years to have an enforeable patent is not reasonable or acceptable in this day of global ecconomies.
We need someone that understands these problems and is able some up with new ideas and create an enviroment where these things can improve. That is where someone like Q Todd would be a much better choice than Kappos appears to be.
MVS
It seems with Kappos that there is a lack of discussion on his potential for fixing/running the PTO and more emphasis on his knowledge of the patent “system” or protection of innovation.
I understand there is a bit of overlap, but which aspect is more valuable to most of the practioners? Do you want someone to workover the perception and problems of the current law or reform? And hope that it will trickle down to the examiners. Or, do you want a director that will shakeup the PTO and leave the patent law/reform to the courts and congress?
Just curious. Seems like Kappos and Dickinson represent different choices accroding to these issues.
Me, are you saying that people who used to work for Kappos are biassed, or that Dennis is biassed because (notwithstanding his reporting of the Aharonian negative take on Kappos) he faithfully reports what these Kappos co-workers have said about him? Or are you inferring that nobody would ever use that word “genius” to describe a co-worker, and so Dennis is evidently lying about what people who used to work for Kappos have been saying to Dennis about Kappos, and in that way Dennis is biassed? Is nobody in the patent world of today a genius. Is nobody in America appreciative any more, of others who do have the qualities of a genius? Would you like to clarify?
Greg Aharonian has been criticizing the entire patent system for at least 15 years, while making a living at it apparently. One would think he would have at least taken the time to pass the agent’s exam by now. I don’t know why a legit blog like PatentlyO would give him the time of day.
They praise “his…genius” …
No bias here, huh Dennis?
Please God, NO!
Not Kappos. He is very biased to certain sectors and would be a strange choice because of this bias. His limited exposure to pharma and biotech makes him unlikely to understand these secotrs needs, and may bias the entire system to certain sectors.
I read this quote from Greg’s email listserv that I get – it is in his most recent on. I think a lot of patent attorneys get it.
Dennis are you using Greg as a “straw man” ?
“”Am I starting to grow nostalgic for Jon Dudas? At least he hated all applicants, big and small. Jon, Jon, Jon – should I have not doubted your wisdom?””
LMAO.
Is this from your conference? I can’t find anything about this on google.
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