Wiggin and Dana Partner Quoted in The National Law Journal

July 1, 2011


The article, "House Version of Patent Reform Differs from Senate's Over Fee Diversion," published in The National Law Journal and Corporate Counsel, reviewed the recent passage of patent reform bills by the House and Senate. Sheri Qualters, the journalist, noted that both bills would change the patent system from a first-to-invent into a first-to-file system, and that questions remain about patent fess and provisions for patent challenges.

Wiggin and Dana Partner, Dale Carlson, was quoted in the article, he said, "It [the House bill] creates a confusingly large number of administrative procedures [to challenge patents] that are going to co-exist for a period of time and that are going to confuse the users of the system and patent lawyers," said Carlson, who recently wrote an opinion piece critical of the legislation. He noted that adding more procedures will put pressure on the PTO, which is already grappling with a large application backlog. "[Now] we have a much more complex set of laws coming into effect," Carlson said. "It's going to make it more difficult for the patent office to operate."