Patent office workers bilked the government of millions by playing hooky, watchdog finds; Washington Post, 8/31/16

Lisa Rein, Washington Post; Patent office workers bilked the government of millions by playing hooky, watchdog finds:

"Thousands of employees who review patents for the federal government potentially cheated taxpayers out of at least $18.3 million as they billed the U.S. Patent and Trademark Office for almost 300,000 hours they never worked, according to a new investigation...

The investigation scheduled for release Wednesday by the independent watchdog for the Commerce Department, the patent office’s parent agency, determined that the real scale of fraud is probably double those numbers..."

Investigators also found widespread time and attendance abuse at another Commerce agency, the U.S. Census Bureau, where employees in the small hiring office overcharged the government for thousands of hours of time they never worked. The fraud, also carried out by supervisors, involved 40 employees, more than half of the staff of the small office."

A World Without Patents; Forbes, 5/12/16

David Pridham, Forbes; A World Without Patents:

"On the surface, Cuozzo Speed Technologies v. Lee is about whether the Patent Office (PTO) can use a different standard in hearing challenges to a patent’s validity after it’s been granted than the standard used by the federal courts. It’s also about whether the taking of a legal property right (a patent) ought to happen via an administrative hearing, without judicial review.

During oral arguments, Chief Justice John Roberts seemed shocked by the PTO’s system for challenging patents, known as Inter Partes Reviews (IPRs), calling it a “bizarre way … to decide a legal question” and a “very extraordinary animal in legal culture to have two different proceedings addressing the same question that lead to different results.” He was referring to the fact that a patent upheld as valid and infringed by the federal courts can then be taken by the infringing defendant to the PTO’s Patent Trial and Appeal Board (PTAB) and declared invalid!...

Even if you stipulate that there are bad patents that shouldn’t have been issued, is it really believable that 90% of all patents granted are invalid — despite being issued only after careful review by PTO examiners in a process that takes over two years and results in the rejection of half of all patent applications?

If we really believe that 90% of Patent Office output is garbage, then we should just shut the agency down and save everyone all the trouble.

There would be consequences, of course. Without patents and the competitive protections they afford, individuals and companies will not invest the money it takes to develop new cures for disease or create new technological wonders. That’s because they know others will simply copy their inventions with impunity and then sell them at a much lower cost, since it didn’t cost them a dime to develop these in the first place. This is a terrific way to drive the innovators out of any industry."

Redskins, and Other Troubling Trademarks; New York Times, 5/4/16

Room for Debate, New York Times; Redskins, and Other Troubling Trademarks:

"The Supreme Court may soon take up two cases in which the government does not want to register trademarks it considers disparaging — for the Washington Redskins football team and an Asian-American band called The Slants. The major federal law on trademarks lets the government deny registration to trademarks that are “immoral, deceptive, or scandalous” or that “disparage.”

Is it a denial of free speech for the government to prohibit registration for such trademarks?"

USPTO appeals to Supreme Court for ruling on racially tinged trademarks; Ars Technica, 4/22/16

Joe Mullin, Ars Technica; USPTO appeals to Supreme Court for ruling on racially tinged trademarks:

"In December, a court case brought by Portland-based Asian American rock band "The Slants" led to what could be a major change in US trademark law. The US Court of Appeals for the Federal Circuit overruled the US Patent and Trademark Office, which had refused to give the band a trademark, citing a law barring "disparaging" marks.

The battle isn't quite over, though. Patent Office lawyers have appealed to the Supreme Court, asking them to consider the case. If the Supreme Court takes up the case and reverses the Federal Circuit—something the high court has not hesitated to do in recent patent cases—the USPTO will retain its ability to quash disparaging trademarks.

Either way, the results of the case will have repercussions for other owners of controversial trademarks—most notably, the Washington Redskins. The football team was stripped of its trademark rights after years of litigation but is continuing its fight at the US Court of Appeals for the 4th Circuit."