Law: Leahy-Smith America Invents Act 2011 (USA)

United States: SEPs and FRAND – litigation, policy and latest developments

Featured in SEP/FRAND Hub 2023/2024

The lack of any statement from any governmental agencies during 2023 concerning SEP/FRAND policy indicates a more neutral stance by the government in which SEP issues must be governed on a case-by-case basis under controlling law. If there is a change in administration as a result of the 2024 election, US SEP holders will want to closely monitor any changes in SEP policy and their implications.

27 October 2023

Legislative reforms to overhaul ‘unfavourable’ patent landscape – for better or worse

Featured in SEP/FRAND Hub 2022/2023

Both the PREVAIL Act and Patent Eligibility Restoration Act seek to enhance participation in the patent system. However, expanded eligibility and a weaker PTAB will undoubtably raise concerns from both SEP holders and implementers, and it remains to be seen whether these approaches will ultimately benefit or harm the larger market.

24 August 2023

Legislative reforms to overhaul ‘unfavourable’ patent landscape – for better or worse

Featured in SEP/FRAND Hub 2023/2024

Both the PREVAIL Act and Patent Eligibility Restoration Act seek to enhance participation in the patent system. However, expanded eligibility and a weaker PTAB will undoubtably raise concerns from both SEP holders and implementers, and it remains to be seen whether these approaches will ultimately benefit or harm the larger market.

24 August 2023

USPTO’s new Catch-22 targets Unified Patents in standing requirement reforms

Saturday Opinion: If the agency seeks to single out Unified Patents and bar it from filing IPRs, argues its GC Jonathan Stroud, it must also scrutinise the lack of transparency and conduct of prolific NPEs

20 May 2023

US PTAB reform proposal comes under fire at House hearing

Congress members grilled USPTO Director Kathi Vidal for rule-making proposals that they view as outside the statutory authority of the America Invents Act

28 April 2023

OpenSky: ending another round of IPR abuse whack-a-mole

Saturday Opinion: USPTO Director Kathi Vidal’s sanctions are a good start, but more must be done to curb untoward behaviour going forward

11 March 2023

The Leahy legacy: the power of conscience in patent policy

With Senator Leahy due to step down this month, IAM takes a look back at his impact on intellectual property

14 December 2022

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