IP Law Daily, PATENT NEWS: USPTO Director Lee addresses Patent Reform Forum, (Jul 6, 2015)

The USPTO has released remarks that its Director, Michelle K. Lee, has prepared for delivery today to The Center for Strategic and International Studies (CSIS) Patent Reform Forum.

In her remarks, available in full here, Lee told the forum that it was possible to bring change to the American patent system, and to do so “in a way that preserves a balance between maintaining strong patent protections that provide necessary incentives to innovate, and ensuring a more efficient and streamlined way of handling patent disputes. Achieving that important balance is a responsibility shared by all three branches of our government.”

Starting with the USPTO, Lee noted that the Office “launched an Enhanced Patent Quality Initiative earlier this year, soliciting an unprecedented amount of public feedback from inventors and businesses on how we can enhance patent quality.” She also highlighted the Patent Trial and Appeal Board, noting that it plays an essential role as a quality check on patents, in this case on patents that have already issued. “The Board provides a faster and lower cost alternative to district court litigation when the validity of a patent claim is in question. The Board’s proceedings also have an impact on the front end of the patent system by making patent applicants think more carefully about pursuing broad claims that would ultimately not be upheld. This is good, as it ultimately drives down expensive and time-consuming district court litigation, while encouraging applicants to seek patent rights of the proper scope.”

The courts still play an important role in bringing needed improvements to the patent system, Lee said. “Recent decisions have: (1) tightened the standards of clarity of patent claims and (2) made it easier for judges to award attorney’s fees in patent cases. These are welcome changes. But we must remember they are also incremental. Judges can only decide the cases that are before them, and they do so one case at a time.” However, for changes that are uniform, systemic, and more timely, targeted and balanced legislation is needed, she told the forum.

Lee said that she is pleased that patent litigation reform legislation is currently moving forward. “Targeted and balanced reforms can strengthen our patent system and level the playing field for innovators by providing increased notice to parties in patent suits about the patent they allegedly infringe; financial incentives for parties—both plaintiffs and defendants—to take reasonable positions in litigation; an opportunity for manufacturers, who are best suited and incentivized, to step in and defend patent infringement suits on behalf of their customers; and increased transparency of patent ownership information to reduce the barriers to patent licensing and sales.”

News: Patent USPTO