We enjoyed a delicious 2007 Pinot Noir from Joseph Carr Wines over the holiday. The beautifully simple instructions on the back label – share – have a Creative Commons feel to them, don’t you think?

We complied, sharing with friends. And after a couple few glasses, I found myself wishing for an easy way to make perfect copies of the creation. No luck.

The Patent and Trademark Office faced a cash crunch in fiscal year 2009. Fee collections were significantly lower than expected, and several drastic cost-cutting measures had to be implemented toward the end of the year. The annual report seems to suggest, though, that the Office left $118M on the table, presumably exposed to Congress for diversion.

Inauguration week didn’t disappoint – plenty of interesting patent finds: infringement filings plunge in 2008, more quality over quantity (and, perhaps, some quantity over quality), patent lessons from the Depression, the difference between patent lawyers and programmers, and President Obama pressures PTO to increase transparency in a two line text file.

Inauguration week didn’t disappoint – plenty of interesting patent finds: infringement filings plunge in 2008, more quality over quantity (and, perhaps, some quantity over quality), patent lessons from the Depression, the difference between patent lawyers and programmers, and President Obama pressures PTO to increase transparency in a two line text file.

This week brought a lot of great patent-related reading material: a developing trend in focusing on patent quality over quantity, BigPharma’s patent cliff begins to reveal itself, and a reminder of an easy way to reduce patent litigation expenses and improve the business outcomes in the process.

Plenty of patent-related interestingness this week, including notes on BigPharma, Oprah, and Jon Dudas. Oh my!

Ryan Nicholls, a nine year old inventor from New Zealand, won a children’s TV competition (Let’s Get Inventin’) with his environmentally friendly waste disposal system. His prize – a patent application filed with the Intellectual Property Office of New Zealand, which made him the country’s youngest inventor.

As the 110th readies itself for the show, I’m sure patent reform is the top priority for all incoming Members. Fee diversion, post-grant review, and first to file, oh my! Boy, I sure hope they’re able to put their minds at rest over the holidays…

In all seriousness, we have seen a few hints about the direction in which patent reform will move once the 110th Congress signs its name to the growing log of the issue. Senator Leahy, the incoming chair of the Judiciary Committee, recently gave indications that the patent reform agenda will include efforts “to increase access to essential medicines throughout the world.”

According to Leahy:

“We can help struggling families in developing nations, while improving US relations with large segments of the world’s population…The current global health crisis is one of the great callings of our time. Whether it is the Avian Flu, AIDS, SARS, West Nile Virus, or the approaching menace of multi-drug resistant bacteria, we need to recognize that the health of those half-way around the world now influences our security and affects our lives here in the United States….I want the work of the Judiciary Committee to be a catalyst to help make life-saving medicines more readily available around the world.”

He leaves no doubt that he views patent reform as part of his agenda on “access to essential medicines,” stating that he intends “to redouble efforts to re-examine our patent laws in the hope that by making thoughtful and practical changes we can greatly increase access to essential medicines throughout the world.”

Certainly, that’s a whole new direction for patent reform in the United States. It sounds a lot like the debates that occurred in India as that country struggled to become fully TRIPs-compliant.

Read the full article on Leahy’s comments at Intellectual Property Watch.

Figueroa v. United States – the fee diversion case – revealed Judge Newman’s sympathetic ear for the current patent application backlog, its potential effects on innovation, and the need for increased funding levels. She focused on these issues during oral argument as she pressed the government to show the extreme nature of its position that the preamble of the Patent Clause does not limit congressional authority to establish patent fees:

Judge Newman: “Is the government’s position that…Congress could appropriate the entire income [of the Patent and Trademark Office]…and allow the backlog to continue to increase in the…Office if, in fact, [that's] what Congress decided to do?”

Government counsel: “Yes, your Honor. It’s our position that Congress’ legislation is not limited by the preamble’s promotion language on which the Appellant relies.”