FedCirc Chief Judge Highlights IP Priorities
When it comes to congressional passage of a patent reform bill, the devil will be in the details, the chief judge for the U.S. Court of Appeals for the Federal Circuit told the Intellectual Property Owners Association international judges conference Monday. If a bill passes the House and Senate, Judge Paul Michel said he would expect it to include language that would change the United States from a "first to invent" to a "first to file" patent system. That modification is one of many proposed in legislation sponsored by Senate Judiciary Chairman Patrick Leahy and House Judiciary Chairman John Conyers. "On the other details stay tuned and stay involved," Michel said. Leahy's panel passed its patent bill before Easter recess and the senator's staff will soon start looking to secure floor time for a vote. But leadership aides have warned that this work period is a busy one and the legislation may have to wait. The House has not yet begun work on its bill. Michel said he believes there is a "substantial likelihood" some version of a patent bill will clear this year, potentially by the end of the summer.
During his talk, Michel pointed out several key intellectual property positions that are vacant. The Patent and Trademark Office, which he called a "highly stressed institution," still lacks a director and the newly created job of IP enforcement coordinator within the White House has not been filled. Both will be extremely important posts going forward, Michel said. On the international front, The World Intellectual Property Organization is in search of a deputy director. "It is conceivable that job could be filled by an American," the judge said. "Even in my own court, there is the prospect of a considerable changeover of membership," Michel added. Of the 12 active fulltime judges, four are already eligible to retire or assume senior status and within two years an additional four will fall into that category. Meanwhile, his court and others are struggling to keep pace with IP lawsuits and the PTO and its counterparts around the world are dealing with huge application backlogs and long pendency times. "It's ironic that in a world where the pace of commerce and news and innovation keep getting faster, the patent offices are getting slower," Michel said.
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