PubPat – the public interest patent challenger

A recent Patent Baristas post (Gilead Sciences Pwned by Nonprofit Activists) discusses Tenofovir (an HIV / AIDs drug) and the success that the not-for-profit Public Patent Foundation has recently had in getting these and other patents re-examined by the USPTO.

To give you an idea of their effectiveness, they challenged 4 Monsanto GMO patents which were invalidated by the USPTO last week.

For those who are unaware of how active PubPat are. Companies which have had their patents forced back through re-exam by PubPat include:

  • Gilead (as above)
  • Microsoft (ubiquitous format used for interchange of media between computers – rejected)
  • Monsanto (4 GMO Crop patents rejected by the USPTO)
  • Pfizer (Lipitor patent)
  • Columbia University (cotransformation DNA technology)
  • WARF – Wisconsin Alumni Research Foundation (stem cell patents – rejected)
  • Opsware (remote computer management)
  • Patriot Scientific (Microprocessors)
  • Forgent Networks (JPEG patent)

PubPat has also been active in petitioning the Supreme Court, and the US Congress. They’re also clearly not concerned about who they take on, which is great.

Further to recent posts
about ex-parte re-examination in the US, the Patent Baristas post has a nice summary of the
requirements for a third party to request ex parte re-examination at
the USPTO.

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