Patent Reform 2016: A Comprehensive Guide to Current Patent Reform Developments in Congress, the Executive Branch, the Courts, and the States

This paper compiles and explains all the many patent reform proposals being debated today in the U.S. Congress, the Executive Branch, the Courts, and the States. Topics include: Loser-Pays Fee-Shifting, Joinder of Interested Parties, Offers of Judgment, Real Party-in-Interest, Stay of Customer Suits, Stay of Discovery, Pleading Infringement in More Detail, FTC Demand Letter Enforcement, Venue, ITC Domestic Industry, Attorney Sanctions, Disciplinary Proceedings, Pharma Carve-Outs, Post-Grant Claim Construction, Post-Grant Estoppel, Same Party Joinder in IPR, Petitioner Standing in Post-Grant Proceedings, Post-Grant Patent Owner Evidence and Claim Amendments, Denial of Post-Grant Petitions on Same Patent, Post-Grant Presumption on Validity, Post-Grant Panel Composition, Changes to Ex Parte Reexamination, Covered Business Method Review Expansion, Limiting CBM Review to CBM Claims, Section 101 Challenges in Post-Grant Review, Privy Estoppel in CBM Review, Filing Deadline for CBM Review, Micro Entity Expansion, Double Patenting, Inventor’s Oath in Continuing Applications, Priority Claims in Assignee-Filed Applications, Federal Jurisdiction, Divided Infringement, Willful Infringement, Prior User Defense, Patent Office Funding and Fee-Setting Authority, Deputy Director, Bankruptcy Protection, Reverse-Payment Settlements, Patents For Humanity, Section 145 Repeal, FCC Infringement Immunity, Car Parts Immunity, Seed Patent Immunity, Ending Pre-GATT Patent Term, Study on Business Method Patent Quality, Study on Secondary Patent Market, Small Business Outreach and Study, Study on Government Owned Patents, Study on Patent Examination Quality, Study on Demand Letters, Study on Small Claims Patent Court, Grace-Period Expansion, Secret Prior Art, Patent-Related Tax Deduction, Pre-Issuance Submissions, Inventorship Challenges, Inventor’s Oath in Reissue Applications, Mandatory 18-Month Publication of Patent Applications, Executive Action 1: Attributable Patent Ownership, Executive Action 2: Clarity in Patent Claims, Executive Action 3: Empowering Downstream Users, Executive Action 4: Expanded Outreach and Focused Study, Executive Action 5: Crowdsourcing Prior Art, Executive Action 6: More Robust Technical Training and Expertise, Executive Action 7: Patent Pro Bono and Pro Se Assistance, Executive Action 8: Strengthen Enforcement of ITC Exclusion Orders, ITC Domestic Industry, FTC Investigations of Patent Assertion Entities, FTC/DOJ Licensing Guidelines, DOJ/USPTO Standard Essential Patents, USPTO Report on AIA Implementation, USPTO International Harmonization, USPTO Post-Grant Rulemaking, OIG Report on USPTO Examiner Time and Attendance, GAO Report on Patent Examination Quality, GAO Study on Non-Practicing Entities, SBA Report on First-to-File, Samsung v. Apple Design Patents, SCA Hygiene Laches Defense, Life Technologies Single-Component Supply, TC Heartland Venue, Aqua Products Burden of Proof for Claim Amendments, Helsinn v. Teva Secret Commercialization, State Consumer Protection Laws and Prosecutions Targeting Bad-Faith Patent Demand Letters.