Molino calls for four-part balancing test for patent reviews; suggests clarifying procedures for Inter partes and post-grant reviews
Washington, DC — May 16 —
In testimony today before the House Judiciary Committee, Business Software Alliance Director of Government Relations Tim Molino expressed support for rules proposed by the US Patent and Trademark Office to implement the America Invents Act. Molino suggested only minor clarifying changes to the proposed rules to provide additional guidance to patent examiners and applicants.
“BSA believes that the PTO has done an excellent job in establishing the proposed regulations called for under the AIA,” said Molino. “The PTO is being very open and transparent during the drafting of the current proposed rules. Under Secretary Kappos and the entire PTO team deserve a great deal of credit for their hard work and commitment to implementing this groundbreaking law.”
“Our suggestions aim to strike a fair balance between intellectual property owners and those seeking to challenge an application or issued patent,” Molino said, outlining three areas where the proposed PTO rules can be modified and improved.
To better define which patents will potentially be subject to review under the Transitional Program for Covered Business Method Patents, Molino drew attention to a four-part balancing test that BSA recommended in a public comment submitted to the PTO in April. Molino also suggested modifications to the PTO proposed rules to provide additional clarity and efficiency for inter partes and post-grant reviews.
The Business Software Alliance (www.bsa.org) is the leading global advocate for the software industry. It is an association of nearly 100 world-class companies that invest billions of dollars annually to create software solutions that spark the economy and improve modern life. Through international government relations, intellectual property enforcement and educational activities, BSA expands the horizons of the digital world and builds trust and confidence in the new technologies driving it forward.