Day One Project is not part of the BIDEN Transition, but the organization has put together a strong group of pro-BIDEN IP experts and relative insiders who have drafted and published a Transition Document for the United States Patent and Trademark Office.
The following are a few of the key proposals:
- Increase international collaboration during patent examination, including simultaneous examination with IP5 offices.
- Reorganize our IP engagement with China IP Engagement with a more coherent and effective approach.
- Review of the non-patentability-factors used by the PTO to deny IPR institution (such as PTO money, and parallel litigation).
- Expand IPRs to allow for consideration if indefiniteness and also double patenting.
- Move forward with comprehensive patent eligibility reform.
- Anonymous examination (examiners don’t know identity / race / gender / national origin of the patent applicant).
- Fix PTAB Constitutionality (once Supreme Court decides Arthrex).
- Studying diversity and working to incentivizing minorities (especially African-Americans) to invent and file for patent protection.
- Raising patent filing fees to address decline in maintenance fee payments (portfolio pruning) and also to “dampen frivolous filings.”
- Further increasing maintenance fees to encourage release of patents to the public where the patentee is not making a sufficient return-on-investment.
- Trademark: Make the process seriously user friendly.
- Give USPTO Substantive Rulemaking Authority
- Establish the USPTO Bureau of Economics
- Small-Claims Patent Court
- Expand Patents for Humanity Program