Adam Philipp (Aeon Law) on Drafting, Prosecuting, and Litigating US Patents – Podcast on 26.07.2018
This podcast is done on 26 July 2018 with Adam Philip, the founder of AEON Law, an IP law firm in Seattle. Adam was in Seattle while I was in Singapore.
Adam is a patent attorney since 1995. His practical experiences range from computer security, cryptography, distributed object oriented programming to kernel-level memory management.
His area of emphasis covers patent, trademark and trade secret issues, with particular focus on network and security related applications. He also counsels clients on intellectual property portfolio strategies and infringement matters. Typical clients of Adam are software and technology companies as well as related inventors.
The interview is very special insofar as it was not planned at all. Adam and I wanted to run a short communication test with my recording software, while he was on a sailing boat off Seattle with some of his friends. The quality of the transmission was so good that I have just continued recording when he started to speak about patent law.
Here is the recorded session:
Here is the outline of the recorded session.
- some movements ongoing to reverse IPRs and to even abolish it
- the next year or two will be interesting to see what is going to happen
- what type of property should IP be? A license from the Government or personal property?
- Some deep philosophical discussions ongoing
- Some urgency that people feel to get it right now. Before the current legislation and the current legislator change
- Some Republicans think that IP is not merely a license from the government, rather it is personal property and should be treated like other properties, trying to get rid of IPRs, and maybe go as far back as “first to invent”
- They don’t like that the US system is now perceived as less effective as it used to be
- (04:00) in the meantime, IPRs are something that we need to be aware of
- A real concern in the US about different standards in the IPR and the Federal Courts: IPRs can be used to invalidate something that cannot be invalidated in a District Court
- Feeling in the bar: District Courts should have precedence over any administrative proceeding
- (05:40) Current preferred strategy: always keep a patent application pending
- Track 1 and track 2 US patent applications
- IP Watchdog webinar “Drafting Quality Patent Applications”
- Comparison of US patent litigation strategies with German litigation strategies
- Comparison of US patent drafting and prosecution strategies with German drafting and prosecution strategies
- (12:15) Inventions vs. Inventive Concepts
- Impact of Limiting a broad claim feature to a more specific claim feature
- (14:15) Doctrine of Equivalence and drafting style and amendments
- European vs. US drafting style
- (17:30) Interpretation of patent claims in litigation, Judge and Jury in litigation
The ipwatchdog.com webinar that I am referring to in the Interview was held on Thursday, July 26, 2018, at 12pm EST, and its title was “Drafting Quality Patent Applications”.