In the second installment of his two-part series, “How to Make the Patent Office Great Again, Part II,” Lathrop GPM Partner Robert Lord outlines crucial legislative reforms and strategic shifts needed to enhance the U.S. Patent and Trademark Office (USPTO) and strengthen the patent system. Building on his previous article, Lord’s latest piece explores how the “Patent Office Great Again (POGA)” movement should prioritize long-overdue changes to clarify patentable subject matter, ensure equitable enforcement rights for all patent holders, and significantly reduce the escalating costs of patent litigation.
Lord highlights the urgent need for Congress to intervene and “fix” the overly narrow and poorly defined law related to patentable subject matter. He advocates for a return to the broader interpretation of patent eligibility established in Diamond v. Chakrabarty, where “anything under the sun made by man was patentable.”
“Simply codifying the ruling of the Diamond decision would be the most expedient way to accomplish this change and create clarity (rather than the current inconsistent and, frankly, confusing treatment of inventions),” Lord states. He believes such legislation would spur an “explosion of business opportunities and increase in R&D from the private sector.”
Additionally, Lord stresses the importance of fostering meaningful and affordable patent enforcement for all patent holders, proposing private discussions among stakeholders to find common ground away from special interest lobbying. He also champions legislative solutions to reduce high litigation costs, suggesting encouraging the use of alternative forums like the USPTO or International Trade Commission (ITC) for dispute resolution due to their shorter proceedings and lower costs.
Read the full Legal Intelligencer article here [SUBSCRIPTION REQUIRED]: How to Make the Patent Office Great Again, Part II