White House Announces Initiatives to Reduce Patent Troll Lawsuits | Practical Law

White House Announces Initiatives to Reduce Patent Troll Lawsuits | Practical Law

The White House has announced a series of initiatives designed to reduce frivolous patent lawsuits and strengthen the patent system.

White House Announces Initiatives to Reduce Patent Troll Lawsuits

Practical Law Legal Update 7-558-4545 (Approx. 4 pages)

White House Announces Initiatives to Reduce Patent Troll Lawsuits

by Practical Law Intellectual Property & Technology
Published on 24 Feb 2014USA (National/Federal)
The White House has announced a series of initiatives designed to reduce frivolous patent lawsuits and strengthen the patent system.
On February 20, 2014, the White House released a fact sheet announcing a series of initiatives to help combat patent troll litigation and strengthen the US patent system to foster innovation. In particular, the White House announced the following three executive actions:
  • Crowdsourcing Prior Art. This initiative is focused on expanding ways for companies, experts and the general public help patent examiners, holders and applicants to find relevant prior art to ensure that US patents are of the highest quality.
  • More Robust Technical Training. This initiative calls for the US Patent and Trademark Office (USPTO) to expand its Patent Examiner Technical Training Program to help patent examiners stay current with fast-changing technological fields.
  • Pro Bono and Pro Se Assistance. This initiative aims to have the USPTO increase the accessibility of the patent system by:
    • dedicating educational and practical resources to assist inventors who lack legal representation;
    • appointing a full-time Pro Bono Coordinator; and
    • expanding the America Invents Act pro bono program to cover all 50 states.
The White House also acknowledged the progress that has been made since creating its June 2013 Task Force on High-Tech Patent Issues (for more information on the June 2013 announcement, see Legal Update, White House Takes Action Against Abusive Patent Litigation), including:
  • Transparency in Patent Ownership. The USPTO recently proposed a rule which would require people or companies with ownership interests in a patent or application to report such interests (for more information on the USPTO proposed rule, see Legal Update, USPTO Proposes Amendments to the Patent Rules of Practice Regarding Patent Ownership). This will increase transparency in patent ownership by:
    • providing the public with more complete information about the competitive landscape;
    • facilitating more efficient technology transfers by making patent ownership information more readily available; and
    • reducing abusive patent litigation by helping the public better defend itself against meritless assertions.
  • Enhancing Claim Clarity. The USPTO has developed an extensive, multi-phased training program to assist examiners and judges in evaluating functional claims and improving examination consistency and the clarity of the examination record. The USPTO will also launch a pilot program aimed at encouraging the use of clearer language within patent claims through the use of glossaries in patent specifications.
  • Empowering Consumers and Main Street Retailers. Because unsuspecting retailers, consumers, small businesses and other users of products containing patented technology have been increasingly targeted by patent trolls, the USPTO is launching an online toolkit of information to help ensure individuals and businesses know their rights and are aware of available resources before entering into costly litigation. The toolkit can be found on the USPTO website.
  • Expanding Outreach and Focused Study. Since the creation of the June 2013 Task Force, the USPTO has significantly increased its public outreach efforts to engage stakeholders in the high-tech community. The USPTO has also expanded its Thomas Alva Edison Visiting Scholars Program and has selected three new scholars to engage in a focused study of the patent system, provide insights on how to further reduce unnecessary litigation and improve the quality of issued patents.
  • Strengthening Exclusion Order Enforcement. US Customs and Border Protection and the US International Trade Commission (ITC) are tasked with applying exclusion orders and determining whether imported products fall within the scope of an order. When technologically advanced products have been restructured to avoid the order it can be particularly difficult for these agencies to implement exclusion orders. To aid these agencies, the US Intellectual Property Enforcement Coordinator has launched a review of the processes and standards used during exclusion order enforcement activities and will issue recommendations and guidance to executive agencies to improve the efficacy, transparency and efficiency of exclusion order enforcement activities.
Lastly, the Obama Administration renewed its commitment to combatting patent trolls by urging Congress to pass a bipartisan law that curtails abusive patent litigation and improves transparency in the patent system.