- Patent and IP Wishes 2015
- January 23, 2015
- Law Firm: Oblon McClelland Maier Neustadt L.L.P. - Alexandria Office
Steve Kunin shared his Patent and IP Wishes for 2015 with IPWatchdog editor Gene Quinn.
"I wish that like a genie you had the power to grant me three patent wishes for 2015. If you granted me these wishes they would be:
Wish (1) the Supreme Court would refrain from granting certiorari petitions for patent matters for at least a year to permit the reconstituted Federal Circuit the opportunity to do the job it was created to in providing greater uniformity and certainty in interpreting our patent laws. The judicial activism by the Supreme Court has done major harm in upsetting expectations in how patent law operates in the U.S. Right now settled expectations of what authorities thought the patent law meant have been severely altered by the Supreme Court in the last 10 years resulting in chaos and uncertainty in guiding business decisions creating a de facto anti-patent government policy.
Wish (2) is for Congress to act swiftly to legislatively overrule current Supreme Court law on subject matter eligibility. The current state of the interpretation of section 101, I believe, serves to curb rather than promote the progress of the useful arts by stifling the protection of innovation in the software and life sciences fields that are as useful arts as any of the technological arts. Congress should act quickly and decisively to correct this problem without revisions to section 101 adding a long list of excluded subject matter.
Wish (3) is to ensure that the USPTO is given access to all the user fees it collects without the imposition of sequestrations, continuing resolutions or fee diversions. While a revolving fund has been established the USPTO remains dependent on the appropriations process to set the level of its annual spending despite what it is authorized to spend."