New patent law could let some cast a long shadow
I CHAIR the patent practice group at Mirick O’Connell and have been practicing patent law for 25 years. John E. Sununu correctly states that the “first to file’’ aspect of the new patent law should bring about certainty (“A patently good new law,’’ Op-ed, Sept. 19). As we know, more certainty allows businesses to plan. The “first to file’’ system comes into effect in 18 months. During this transitional period businesses can establish internal systems that will allow them to quickly identify important technologies, decide whether to file patents, and instruct their attorneys to file promptly.
Sununu also points out that “some worry [that the new law] could benefit larger corporations with ready cash to pay filing fees.’’ No doubt this is true. The law could also benefit other rich entities, pointedly, China. China invests billions of US dollars back into this country every year. With its rapidly increasing spending on research and development, and its nascent supremacy in technology, China is poised to use the new law to increase its holdings of US patents. Since patents can be used to stifle competition, the law thus creates a natural concern among US companies.
Fortunately, Congress had the wisdom some 15 years ago to institute a lower-cost provisional filing system that allows companies to file more patents and take one year to decide which to pursue. This is an important tool to combat the natural advantage ceded by the new law to big companies and rich, savvy countries.
Brian Dingman
Westborough
