LES Issues Statement Commending the USPTO's Andrei Iancu for his Leadership
Tuesday, October 30, 2018
FOR IMMEDIATE RELEASE
Kelli Baxter, Deputy Executive Director, COO
703-234-4088 | firstname.lastname@example.org
Licensing Executives Society (U.S.A. and Canada) Issues Statement Commending the United States Patent and Trademark Office's Andrei Iancu for his Leadership
RESTON, VIRGINIA—Oct. 30, 2018— The Licensing Executives Society (U.S.A. and Canada), Inc. (LES) today issued the following statement commending the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office ("USPTO") Andrei Iancu for his leadership.
"We thank the USPTO's Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office Andrei Iancu for his leadership in adopting and publishing a Final Rule changing the claim construction standard in various proceedings before the USPTO, including inter partes review."
"Prior to the rule change, the USPTO used the broadest reasonable interpretation when construing claims in post-grant proceedings before the Patent Trial and Appeal Board (PTAB). However, district courts used the Phillips standard, which interprets the claims based on the view of one of skill in the art at the time the invention is made. Because two different standards were applied, consistency and predictability for patent owners were compromised. In particular, patent owners were subject to expensive and time-consuming litigation in multiple forums – the UPSTO and one or more district courts – where different results could occur because of the different standards. These inconsistent claim construction standards led to weakening our patent system. This, in turn, discourages innovation, reduces investment, and hinders the formation of new businesses and industries."
"LES is a non-partisan, non-profit, volunteer-driven professional society devoted to speeding innovation to market. For over 50 years, we have been the only society devoted exclusively to professionals representing innovation-centered enterprises of all sizes and kinds. LES’ vision is to connect and inspire the broad diversity of people involved in IP, intellectual capital management, and ICM standards development. We represent all industries, from high technology to pharma/biotech. Our members are inventors, entrepreneurs, business executives, accountants, and lawyers. And, we represent licensors as well as licensees. In short, we represent all sides in all quadrants of the innovation economy. We are devoted to the principle that intellectual property is a private property right that must be respected like any other form of private property – through predictable, reliable, and durable legal rights that are worthy of investment and command the respect of the market."
"The adoption of the Final Rule changing the claim construction standard is welcome and supported by LES. This rule will encourage innovation and investment into intellectual property because it creates more consistent outcomes."
About the Licensing Executives Society (U.S.A. and Canada), Inc.
Established in 1965, Licensing Executives Society (U.S.A. and Canada), Inc. (LES) is a professional society of more than 2,200 members engaged in the creation, commercial development, and orderly transfer of intellectual property rights; protection and management of intellectual capital; and intellectual capital management standards development. LES members are business leaders, accountants, economists, IP valuation experts, supply chain managers, lawyers, technology transfer specialists, public policy leaders, lobbyists, mergers and acquisitions experts, tax specialists, deal-makers, strategic planners, business model innovators, consultants, engineers, licensing executives, and scientists. These members represent innovation-centered enterprises of all sizes and kinds— such as government laboratories, professional services firms, universities, operating companies, regulatory authorities, licensing specialty firms, and trade associations. LES is a member society of the Licensing Executives Society International, Inc. (LESI), which has 32 sister societies representing 10,000 members in 90 countries. www.lesusacanada.org.