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Patent Attorney Axel H Horns' Blog on Intellectual Property Law.

 

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Wednesday, January 10, 2007

 

U.S.: Supreme Court Easing Requirements Of Challenging Of Patents.

Mr. Pete Yost EXTERNAL LINKwrites for AP:
"[...] WASHINGTON - The Supreme Court made it easier Tuesday to challenge patents, bolstering arguments by some in business that they are too readily granted and can stymie new drugs and other innovations. [...]

The Bush administration [told] the Supreme Court that invalid patents can hurt efficient licensing, hinder competition and undermine incentives for innovation. [...]"
This might be interpreted an interesting sign that the U.S. Supreme Court appears to be ready to challenge some long-standing precedents set by the U.S. Federal Circuit that might be seen as having put too much weight on the patent holder's position when it comes to the proper understanding of the presumption of validity.

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