Wolfson in Law360 on Patent No. 10,000,000

06/26/2018

Law360 quoted Haynes and Boone, LLP Partner Jeffrey Wolfson on the U.S. Patent and Trademark Office’s recent filing of Patent Number 10,000,000.

Here is an excerpt:

The booming growth in new patents has come alongside the advent of powerful ways to invalidate them over the past decade, including America Invents Act reviews and U.S. Supreme Court rulings restricting patent eligibility. Those risks spurred speculation that inventors might start giving up on seeking patents, but a flood of new patents shows that doesn’t seem to be the case, attorneys say.

"As much as some people might be concerned about those things, ultimately people are deciding that it’s beneficial to obtain patents and other forms of intellectual property to protect their inventions, and I don’t see that changing," said Jeffrey Wolfson of Haynes and Boone LLP.

Wolfson said that "people are going to continue to get patents, even though the PTAB is knocking patents out," and noted that the pendulum may already be swinging back towards patentees in some ways. He cited recent memos from the USPTO that appear to make it more likely that patent applications can withstand eligibility challenges, as well as Patent Trial and Appeal Board statistics showing fewer challenges are successful now than when the program started.

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