“The More Things Change, the More They Stay the Same!” Louis F. Wagner, Esq.

While the general perception is that patent law is changing at a rapid pace, perception may not equal reality. The United States Patent and Trademark Office has proposed new rules and regulations (only to have them stayed…and perhaps ultimately judicially dismissed by mutual consent of the parties), new cases have been decided which clarify or muddy the law on obviousness depending on the perspective of the reader (e.g., KSR and others), new cases have been decided and appealed on patentable subject matter (e.g., Bilski), a new Patent Office commissioner has been appointed and approved (David Kappos), but has it really changed the practice of law before the Patent Office? It is respectfully submitted that the answer is no. Let’s analyze each facet above.