Patent chief tells lawmakers ‘time and attendance fraud is not tolerated’; New York Times, 9/13/16

Lisa Rein, Washington Post; Patent chief tells lawmakers ‘time and attendance fraud is not tolerated’ :

"U.S. Patent and Trademark Office Director Michelle K. Lee told lawmakers Tuesday that she and her team “do not tolerate any kind of attendance abuse” and promised that employees who commit fraud are disciplined...

A 15-month analysis by Deputy Inspector General David Smith’s office of thousands of patent examiners’ turnstile badge swipes, computer logins and remote computer connections from their homes to federal systems showed consistent discrepancies between the time employees reported working and the hours they actually put in.

This time and attendance abuse cost the government at least $18.3 million, as employees who review patent applications billed the agency for almost 300,000 hours they never worked, investigators found."

Fixing why USPTO issues low-quality patents should be oversight hearing's focus; The Hill, 9/13/16

Julie Samuels, The Hill; Fixing why USPTO issues low-quality patents should be oversight hearing's focus:

"Today, the House Judiciary Committee is holding a Patent Office oversight hearing. It promises to include a headline-grabbing discussion of a recently released report showing abuses of the Patent Office’s telework program. It would be a serious missed opportunity if that conversation distracts the Committee from talking about what really matters: why the Patent Office issues low-quality patents and what can be done to fix it.

The Patent Office’s primary job is, not surprisingly to administer the patent system. This is not a small job—the Office has a staff of nearly 10,000 people and it grants approximately 350,000 patents a year. Each of these represents a 20-year monopoly, so it is crucial that the patents are of the highest quality. If they’re not, they can be quite dangerous, especially if they end up in the hands of a patent troll.

In fact, the U.S. Government Accountability Office (GAO) recently released a report finding some things we already knew, namely, that low-quality patents lead to more patent litigation and that the less time patent examiners are able to dedicate to a patent application, the more likely they are to turn that application into a patent."

The Strange Case of Off-Patent Drug Price Gougers; Bloomberg, 9/9/16

Justin Fox, Bloomberg; The Strange Case of Off-Patent Drug Price Gougers:

"There’s a conflict at the heart of pharmaceutical pricing in the U.S.: On the one hand, it’s in the public’s interest for pharma companies to get a good return on the huge investments they often make in developing new drugs. On the other, it’s in the public’s interest to be able to afford those drugs.

We try to resolve this by granting companies temporary monopolies (aka patents) on the drugs they develop -- letting them effectively set the price unilaterally -- but then allowing competition from generic substitutes once the patents expire...

What’s going on, basically, is that a new breed of pharmaceutical company has emerged (Valeant is, or at least was, the archetype) that doesn’t develop drugs but identifies business opportunities in existing drugs --many of them with expired patents -- that the previous owners were too lazy or timid or decent to fully exploit. So they acquire them, and jack up the prices."

Facebook, LinkedIn and Twitter prevail in database patent appeal; Reuters, 9/12/16

Reuters; Facebook, LinkedIn and Twitter prevail in database patent appeal:

"A federal appeals court on Friday knocked out all of the parts of two database search patents that were challenged at the U.S. Patent and Trademark Office by social media sites Facebook, LinkedIn and Twitter."

Yahoo on the hunt for patent thieves; New York Post, 9/9/16

Claire Atkinson, New York Post; Yahoo on the hunt for patent thieves:

"“There are three things you say when someone tells you that you are infringing on a copyright,” the source said. “Your patents are invalid; the patents may be invalid and if they’re not, then sue me; or let’s talk about a number.”

Yahoo hired Black Stone IP to help it sell about 3,000 patents that cover a range of technologies including online payment services, mobile messaging, data mining and behavioral ad targeting.

The patent trove, called Excalibur, is attracting interest from several tech players, including Amazon, Salesforce and Microsoft, the source said."

Minnesota winery owner helps breeders patent their unique plants and potables; In Forum, 9/10/16

Vicki Gerdes, In Forum; Minnesota winery owner helps breeders patent their unique plants and potables:

"[Penny] Aguirre became a student at the fledgling Plant Molecular Genetics Institute, working under Professor Alan Smith, and eventually earned her master's degree in horticulture...

That passion for plants brought her to Santa Barbara, Calif., where she took a job as general manager at PlantHaven, a small, independent agency that worked to introduce new plant cultivars into the North American market—plants developed by breeders from all over the world.

"Part of that job was writing plant patents," Aguirre says.

Eventually, she became knowledgeable enough about that part of the job that she decided to take the patent bar exam and become a registered U.S. patent agent. "It's the same bar exam that legal students take to become patent attorneys," Aguirre said. "If you have a bachelor's degree in one of the sciences, take the exam and pass, at that point you are a registered patent agent."

Though most patent agents specialize in design or utility patents, Aguirre made the relatively unusual choice of specializing exclusively in patenting plants...

Plant patenting mostly involves writing a lot of very detailed descriptions—"every leaf, every stem, every stamen, every pistil," she said, noting that there are often very minute differences between plant varieties...

For more information about Aguirre's plant patenting business, please visit www.biologicalpatentservices.com."

Ray Kurzweil: Accelerating Tech Is Making Old Intellectual Property Laws Obsolete; Singularity Hub, 9/8/16

[Video] Singularity Hub; Ray Kurzweil: Accelerating Tech Is Making Old Intellectual Property Laws Obsolete:

"As technology and innovation move faster and faster, concerns over ownership and access continue to increase. In answer to a question at a Singularity University event, Ray Kurzweil suggested we need to rethink intellectual property laws to more realistically match today’s pace.

Intellectual property laws from the 19th century were envisioned with roughly 20-year cycles, he said, which was enough to give you a head-start on a new idea or invention and attract funding to see it through. But how relevant is a 20-year cycle today when a generation of technology can come and go in a year—and even that is set to speed up?

Attracting investment and capital is a critical function of intellectual property law. But the way things are currently structured, intellectual property laws are falling behind the pace of invention."