Again, going back to the basic idea of the prevail act right to keep our competitiveness in the technological arena at a high level or even improving it because we’re falling behind, China is a good example, right? So the prevail act as we’ve just discussed it really does what it says it should be Read More

Could the IPR be used to really bring a nuisance application or a nuisance claim against a patent owner? Could that be one possibility? I think as it had been established in the American Defense Act, the idea was that you would have to clear the hurdle of a petition being instituted. So getting to Read More

Again, the basic background, why are Senator Coons and Tills concerned with this Prevail Act? Why introduce that for, we’ve mentioned a few reasons, but what’s the overarching issue? So, what Senator Coons, and there’s a sheet on his website which explains kind of the reasons why he wanted to bring the Prevail Act, one Read More

What if I find that those claims are just written so lousy that they don’t make any sense? Can I go to the patent office and say, “Hey, the formal requirements of this patent are not met. So you have to institute an IPR?” No, the IPR is only for prior art challenges, so a Read More

But now, what, what level? Do you have to prove, yeah, this is absolutely not valid, or hey, there’s a good chance this might be invalid, or do you just, what’s the level of proof that you have to come in with? In order to institute the IPR after the petition, I, hey, I would Read More

How do I challenge the patent, specifically, how do you file an IPR? What do you do there? You go to the patent, you call them up and say, hey, that patent is invalid, we gotta do something about it, or what are the processes? Well, basically you file a petition to institute IPR, you Read More

And that kind of takes away the idea that maybe entities may just challenge patents. I believe you have some experience in this regard to certain entities that just challenge patents based on, just thinking they aren’t valid. Yeah, I happen to be in an IPR right now, where the patents, a small company, they Read More

With regard to the fairness that you mentioned a minute ago, the fairness aspect, the PREVAIL Act introduces some, challenges to, or introduces some check marks where Not everybody can challenge the patent, or they’re trying to limit the number of people or persons that are allowed to challenge. The number of petitions that may Read More

Let’s say some large company really doesn’t like that I have this patent, they can just file an IPR, challenge my patent, and I, who have received this patent, now have to defend this. Is that fair? Uh, well, I guess the, the fairness aspect would be, you have to go back to whether or Read More

You must be very wary of showing your invention to anyone, even your brother-in-law. Keep it secret for as long as you can, even after you file a patent application. It’s the most conservative way to go. Companies, large companies, don’t have to worry about that. They know that they can flood the market, and Read More