IPWatchdog Unleashed
Each week we journey into the world of intellectual property to discuss the law, news, policy and politics of innovation, technology, and creativity. With analysis and commentary from industry thought leaders and newsmakers from around the world, IPWatchdog Unleashed is hosted by world renowned patent attorney and founder of IPWatchdog.com, Gene Quinn.
IPWatchdog Unleashed
Patent System in Crisis: Backlogs, Examiner Layoffs & Judicial Overreach
This week on IPWatchdog Unleashed, I'm going to talk about an issue of enormous importance. The U.S. patent system feels to me an awful lot like the Titanic right now, and it feels like we're fast approaching an iceberg with disaster imminent.
The Trump Administration is making major changes to reduce the size of government to address the $37 trillion federal debt, including withdrawing employment offers to patent examiners and firing patent examiners still within their probationary period. Meanwhile, as the number of examiners is being cut, the backlog of unexamined patent applications is at an all-time high, with some sources saying there are now at least 1.2 million unexamined patent applications pending. And against this backdrop the Federal Circuit has developed an unhealthy obsession with the doctrine of prosecution laches, which creates a presumption that patents are unenforceable if it took longer than 6 years to obtain.
With fewer patent examiners and an historic backlog it will be difficult if not impossible for the Patent Office to issue most patents within 6 years. So, it feels a lot like the U.S. patent system is the Titanic headed for an iceberg, with disaster imminent.
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