USPTO Sued Over "Unqualified Appointment"

Techdirt is reporting that a small group of patent lawyers and investors are suing the US Secretary of Commerce in order to prevent the appointment of Margaret Peterlin to Under Secretary of Commerce for Intellectual Property and Deputy Director of the US Patent and Trademark Office. "According to the suit, filed Monday in the U.S. District Court for the District of Columbia, Congress amended the Patent Act in 1999 to require that the Director and Deputy Director of the USPTO each have "professional experience and background in patent or trademark law." Peterlin's appointment, announced May 8, violates the statute because she "lacks the requisite professional experience and background," the suit said. [...] They are asking the court to order Gutierrez to dismiss Peterlin immediately and establish rules to assess what qualifies as a professional background and experience in patent or trademark law. They also want the court to order Gutierrez to appoint a replacement for Peterlin who fulfills those requirements."

Re:no standing

[gurps_npc]

That is crap. They clearly have standing to sue. They represent people with pending business before the USPO, they are in immenent danger of an irreversible harm (having an unqualified person declare their patent invalid, opening it up to the entire world to steal).

Redressability is simple, having the federal government follow the law.

Re:She's a Federalist, that's not enough?

[SatanicPuppy]

You clearly don't work for the US government. Politics have trumped competence for years now.

Hot Air

[MBraynard]

This is just an excuse to wage some other battle. Just because you don't like that this person has an 'R' after their name or don't like her interpretation of the rules doesn't make them unqualified. She's totally qualified given her background.

Before joining the USPTO, Peterlin was Counsel for Legal Policy and National Security Advisor for the Speaker of the U.S. House of Representatives, Dennis Hastert, according to biographical information on the USPTO's Web site. In this role, she advised Hastert, House and Senate leadership, and senior staff on legislative policy and strategy, including judiciary issues such as intellectual property protection, the Web site said.

Peterlin also served as general counsel to Richard Armey, majority leader of the House of Representatives, the Web site said. She clerked on the Fifth Circuit Court of Appeals for Judge Jerry Smith and also served as an officer in the U.S. Navy for four years, working in the communications field, the Web site said. She holds a bachelor of arts degree from the College of the Holy Cross and earned a law degree cum laude from the University of Chicago, the Web site said.

Re:no standing

[dss902]

Margaret Peterlin Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office Margaret J.A. Peterlin was sworn in as Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office (USPTO) in April 2007. As Deputy Under Secretary of Commerce for Intellectual Property, Ms. Peterlin advises the President, the Secretary of Commerce, and the Administration about intellectual property matters. As Deputy Director of the USPTO, she administers the laws of granting patents and trademarks, and the day-to-day management of the $1.7 billion agency and its more than 8,000 employees. As a leader in intellectual property (IP) policy, Ms. Peterlin helps develop and articulate Administration positions on all patent, copyright, and trademark issues, both domestic and foreign. She also promotes strong IP policy globally, including strategies to thwart the theft of U.S. IP around the world. As an agency leader, Ms. Peterlin implements policies and initiatives that provide innovators with quality and timely patent and trademark examinations. She also provides strategic leadership to employees to help them achieve organizational excellence. Before joining the USPTO, Ms. Peterlin was Counsel for Legal Policy and National Security Advisor for the Speaker of the U.S. House of Representatives, J. Dennis Hastert. In this role, she advised the Speaker, House and Senate leadership, and senior staff on legislative policy and strategy, including judiciary issues such as IP protection, and international relations issues. She previously was General Counsel to Richard Armey, Majority Leader of the U.S. House. She clerked on the Fifth Circuit Court of Appeals for Judge Jerry E. Smith. Ms. Peterlin also served as an Officer in the U.S. Navy for four years, working in the communications field. A native of Daleville, Alabama, Ms. Peterlin holds a bachelor of arts from the College of the Holy Cross. She earned a legal degree cum laude from the University of Chicago, where she was the founding Editor in Chief of The Chicago Journal of International Law. She is a member of the New York State Bar and lives in Virginia. United States Patent and Trademark Office (USPTO) Since 1790, the basic role of the United States Patent and Trademark Office (USPTO) has remained the same: to promote the progress of science and the useful arts by securing for limited times to inventors the exclusive right to their respective discoveries (Article 1, Section 8 of the United States Constitution). Today, the USPTO is a federal agency in the Department of Commerce, headquartered in Alexandria, Virginia. Through the issuance of patents, the USPTO encourages technological advancement by providing incentives to invent, invest in, and disclose new technology worldwide. Through the registration of trademarks, the agency assists businesses in protecting their investments, promoting goods and services, and safeguarding consumers against confusion and deception in the marketplace. By disseminating both patent and trademark information, the USPTO promotes an understanding of intellectual property protection and facilitates the development and sharing of new technologies worldwide. http://tinyurl.com/368r59 [tinyurl.com]

proper cite

[vague_ascetic]

Thomas Jefferson, Letter to Isaac McPherson, August 13, 1813

Here's a link to the complete transcript [temple.edu] of the letter. The University of Chicago only published about 1/7 of it.

For those who cannot understand the relevance, Jefferson was a Founder of America and Third President. This is a primary document regarding the original intent of patents. Original intent is considered to be the gold standard by many conservatives. In this letter, Jefferson even covers the concept of 'prior art', as well as makes an assertion that ideas are without the realm of private ownership.