Oh dance in the dark of night, Sing to the morning light. The magic runes are writ in gold to bring the balance back. Bring it back.
President's Message
Bring it back. Bring back the balance to patent law. In the last few years, Congress and the Supreme Court have tilted the scales of patent law against innovators. For example, the
Leahy-Smith America Invents Act
has, I believe, added more hurdles for inventors to clear and has thus made securing and enforcing patent rights harder and/or more expensive. In cases such as
eBay
, the
Bilski
/
Mayo
/
Alice
trilogy, and, most recently,
Cuozzo
, the Supreme Court has also squeezed patent rights. One aim of the AIA was to globalize U.S. patent law, arguably making it more like European law. But the U.S. has long been the most innovative country, and a good reason for that has been its strong, efficient, patent-friendly system. So why become like the rest of the world? Although the seeds of the Industrial Revolution were planted in England, it blossomed in 19th and early 20th Century America. (Think the
light bulb
, the
telegraph
and
telephone
, and the
airplane
—all inventions protected by patents.) The reason, as many historians will say, is that the U.S. had the strongest patent system and courts open to patent litigation. But, when the legal system and academics started to frown on patents in the 1960s and 1970s as anticompetitive, innovation moved off-shore. For example, in the 1960s, American companies like
RCA
and
Philco
set the standard for color television. Those companies were the
Apple
and
Google
of their day. In the 1970s, however, patent filings at the USPTO declined and American companies, fearing antitrust enforcement and facing courts resistant to patents, started shedding their patent portfolios. Into the void came companies like
Sony
, which out-innovated America with the
Trinitron one-gun color TV
. (Growing up the ‘70s, my family had a Trinitron; it was the Hi-Def, flat screen TV of the day. Our Trinitron replaced an RCA three-gun color TV.) After the
Federal Circuit was established in 1982
, patents became
in vogue
again, and innovation and patent filings rose.
Volume 47, Issue 3
NEWSLETTER ARCHIVE
Table of Contents
2016 ? Boston Patent Law Association
< Previous Article
Next Article >
—Led Zeppelin, Battle of Evermore
Index
Table of Contents
President's Message by Erik Belt
Read more >
Check Yo’self Before You Wreck Yo’self (or Your Sequence Listing)
Read more >
< Back
Message from the Editor-in-Chief
Read more >
Cuozzo
: The Case that Wasn’t
Read more >
Annual Dinner to Honor the Federal Judiciary an Evening Enjoyed by the Bench, Bar, and Guests
Read more >
Patent Agent Privilege in the United States and Canada
Read more >
Enfish and TLI:
A Study of the Federal Circuit’s Recent Section 101 Opinions
Read more >
USPTO Launches Pilot Program for Early Review of Cancer Immunotherapy Patent Applications
Read more >
Federal Circuit Finds
BASCOM
Internet Content Filtering Claims Patent Eligible
Read more >
Invented Here!
- 2016 - Highlighting New England’s Innovators
Read more >
BPLA Files Amicus Brief in Support of Sequenom’s Petition for a Writ of Certiorari
Read more >
Writing Competition
Read more >
Halo
Decision Regarding the Standard for Willfulness
Read more >
Members on the Move
Read more >
Reasonable Royalties and the Federal Circuit in 2015: Evolution of the Revolution
Read more >
Community Calendar
Read more >