Professional Documents
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CIPSC 2018 Presentations
CIPSC 2018 Presentations
Colleen V. Chien
- Deferring 101
- Measuring Examiner-Cited NPL
- Team/Time on Demand
- Applicant Readiness & Error Correction
Framework for Proposing an Experiment
HHS EITC
USPTO Post Trademark Registration
Proof-of-Use Pilot Program
CFPB Disclosure testing via field and
lab pilots
DOD Servicemember savings
SEC Short-sale restrictions pilot
Chien,
Comparative
Patent
Quality
Ariz L. Journ.
(2018)
Proposal #2 - 102/103 Ex-Cited NPL
Examiners often do not consider relevant
non-patent literature(NPL).
Chien,
Comparative
Patent
Quality
Ariz L. Journ.
(2018)
Proposal #2 - 102/103 Ex-Cited NPL
Examiners often do not consider relevant
non-patent literature(NPL)(Chien,
Comparative Patent Quality 2018). The PTO
could(E)make examiner-cited NPL, as a
proxy for robustness, a metric to measure
and manage to as it carries out
randomized (T,R)pilots to enhance search
and quality(M)and test the assumption
that enhanced access leads to enhanced
robustness (T).
Problem #3 - Mistakes
~30% of office actions contain
112b/ojections, smaller entities make
more mistakes.
Proposal #3 - 112/other error correction
30% of office actions include objections,
and the rate is higher among small and
micro entities who also attrite
more.(M)To increase application readiness
and decrease examiner time spent
correcting errors, the PTO could make
(T)error correction tech available to
applicants using an intent-to-treat
design(T)and measure (E)objection and 112
(b) rejections.
Problem #4 - Time pressure
Seniority is correlated with less time,
less team, less IPR survival (Love et
al), and higher allowances (Wasserman &
Frakes).
Proposal #4 - team/time examination on
demand
Seniority is correlated with less time,
less team, less IPR survival, and higher
allowances. Give (T) senior examiners
time credits that they can allocate on
demand as they wish, (T) assuming they
know best which cases are hard or need
more time, in order to (M)increase
consistency and quality as (E) measured
through objective measures
* Bonus Tests!
- Default to open upon application
- Forms for pro se applicants
- Maintenance fees yearly
- Gender-blind examination
- Tech inclusion
- For more, look for Redesigning Patent
Law, by Chien, Posner, and Cotter
Deferring 101
Measuring Examiner-Cited NPL
Team/Time on Demand
Applicant Readiness & Error Correction
• “The FTC’s instant motion for partial summary judgment does not seek
to prove that Qualcomm violated § 5 ...”
• “[T]he Court agrees with the FTC that as a matter of law, the TIA and
ATIS IPR policies both require Qualcomm to license its SEPs to
modem chip suppliers. Because after considering the language of the
contract and any admissible extrinsic evidence, the meaning of the
contract is unambiguous, the Court GRANTS the FTC’s motion for
partial summary judgment.”
TCL v. Ericsson (C.D. Cal. 2016) Unwired Planet v. Huawei (UK 2017)
Top-down approach; adjustments to Comparator licenses – main basis for
reflect comparator licenses FRAND rate calculation; top-down rate
as cross check
Expired patents included in the total Doesn’t directly deal with the question
number of SEPs in a standard, but of value regarding expired patents
does not in Ericsson’s share
Final judgment in form of injunction FRAND injunction (enforced only if a
imposing license license isn’t entered into)
Accused Products
40
IMPROVE PORTFOLIO QUALITY
APIX – Validity Ratings
• Based on PTAB institution
decisions
• Uses over 30 patent variables
41
NEW PTAB TOOLS.
Orange Book
portal.unifiedpatents.com
Small and Large Entity
Filings
Static Links
Registration Benefits
42
ACHIEVE BETTER OUTCOMES
Analytics
ISIX– Law Firm Ratings
• Measures PTAB success of
petitioner and patent owner law
firms
• Judge
• Top Counsel
• Party tendencies
43
CROWDSOURCING PRIOR ART.
patroll.unifiedpatents.com/
44
OPAL – Objective Patent Landscape
https://portal.unifiedpatents.com/standards/opal/hevc
Over 1,100,000
patents from 30 countries evaluated for Similarity to essential patents. 1st
AI based essential patent landscape
● Enables true FRAND negotiation by including ● Based on MPEGLA and HEVC Adv. training set
undeclared & SEP patents
● Methodology developed for litigation challenges
● AI is only semantic based to ensure non-
discriminatory results
OVER
70,000 Searchable Indexed