Friday food for thought: The changing scope of ‘patent reform’

Remember when ‘patent reform’ was about moving to a first-inventor-to-file system? About adopting a post-grant review procedure and making it easier for third parties to submit art for examiner consideration? Heck, remember when it was about changing the injunctive relief standard?

Well, those days are gone. Looong gone.

With the release of the Patent and Trademark Office’s draft Strategic Plan for 2007-2012, we now know that ‘patent reform’ is, now, a much broader concept. If you haven’t read the draft yet, I encourage you to do so. If you’re pressed for time, just read the press release regarding the release of the draft, the Introduction (3 pages), and the ‘Goal 1: Optimize Patent Quality and Timeliness’ section (9 pages).

Really pressed for time? Read the last paragraph on page 14 and the first paragraph on page 15.

With the release of the draft plan, the Patent and Trademark Office has single-handedly changed the scope of ‘patent reform.’ It’s now clear that some believe the term should refer to a deconstruction of our unitary patent system. The draft plan, while short on details, talks of “early determination of rights,” “accept[ance] of more limited property rights in exchange for lower costs and faster processing times,” and “some combination of examination processes and patent products that will better allow applicants to choose what determinations and results they need.”

the draft PTO strategic plan represents the beginning of a new chapter in the patent reform movementThe draft plan, with it’s focus on these new fundamental changes, represents the beginning of a new chapter in the patent reform movement. Seems to me we’re now talking about requests for examination, alternative ‘registration’-type systems, and other enormous changes.

How’s that for a ’strategic plan’?

Remember the good ole’ days when we liked to debate the pros and cons of post-grant review? Ah, man, to have those back again…..