Judges May Consider New Patent Evidence

The U.S. Supreme Court ruled unanimously yesterday that federal judges may consider previously unsubmitted evidence when inventors challenge rejection of their patent application by the Patent and Trademark Office (PTO). The case arose when an inventor challenged a rejection with evidence that he had not provided previously to the PTO. The agency had sought dismissal of the case. Writing for the court, Justice Clarence Thomas said there were no additional evidentiary restrictions to be placed on patent application challenges.

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Jason Schultz & Jennifer M. Urban: Protecting Open Innovation

Jason Schultz and Jennifer M. Urban, both of the UC Berkeley School of Law, wrote this paper about why Open Innovation Communities have shied away from patents, how they’ve dealt with Intellectual Property Issues, and why they should seriously consider opting back into the patent system.

Protecting Open Innovation: A New Approach to Patent Threats, Transaction Costs, and Tactical Disarmament