Patent Reform Blog

Ding Dong....The Patent Reform Bill is Dead?

2008-04-22T12:55:00Z

DOW JONES NEWSWIRES WASHINGTON (Dow Jones)--U.S. Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., said Tuesday that a wide-ranging attempt to overhaul the country's patent reform laws, which he has championed, appeared to be dead. He said that the Republicans seemed to be willing to let the legislation fail rather than strike a deal. "The Republicans really wanted to kill it, and I think they may have," said Leahy. "I think it's a shame after all the work that we've put into it." Sen. Orrin Hatch, R-Utah, acknowledged that the stumbling block involved key damages provision of any legislation, but that he hoped an agreement could still be reached on how to proceed. "There's one issue that's involving everybody, and that's damages," said Hatch. The dispute over damages goes to the very heart of patent law, determining the level of compensation companies or individuals should have to pay if a court determines they have violated a patent. The two lawmakers were speaking after the regular Tuesday policy luncheons at which the senators of each party gather to discuss strategy. The bill would be the most significant reform of U.S. patent laws in a generation. The House passed a version of the legislation last year. Senate Majority Leader Harry Reid, D-Nev., had set aside floor time in the Senate for consideration of the legislation last week, dependent on a deal being reached between lawmakers by that time. Two weeks ago, there were a series of talks among Leahy, Hatch and Sen. Arlen Specter, R-Pa., but the impasse over the damages provision couldn't be resolved. Specter is the ranking Republican member on the Judiciary Committee, and Hatch is a former chairman of the committee. The three have been the senators most closely associated with the attempt at reform.

Article by: By Corey Boles, Dow Jones Newswires

Patent examiners voice opposition to Patent Reform Act

2008-02-13T14:10:18Z

POPA and 13 unions sent a unified letter to legislators asking the Senate to block Patent Reform. You can access the letter by clicking on the folowing link:

http://www.popa.org/pdf/misc/reform1-06feb2008.pdf ...

U.S. has strongest patent system in world..why change it?

2008-02-05T09:47:22Z

Source: www.DesMoinesRegister.com

"The American system is regarded as the strongest protector of patent rights in the world. Unfortunately, the U.S. Congress is considering "reforming" the system. A bill has already been passed by the House and is under consideration in the Senate. Proposed changes could have potentially devastating consequences to research-based industries, especially the pharmaceutical industry.

Europe's inventors have flocked to the U.S. Patent Office because the European patent system is far inferior to America's. Europe's extended post-grant review procedures and artificially low caps on damages for stolen patents undermine the value of European intellectual property. Other flaws include ineffective and slow prosecution of counterfeit and copyright infringement cases."

Full Story:

http://www.desmoinesregister.com/apps/pbcs.dll/article?AID=2008801290359

485 + Companies Against S.1145

2008-02-05T09:49:18Z

Source: www.innovationalliance.com

For a list of companies that do not support Patent Reform, click on the following link:

http://innovationalliance.net/files/08-047.FG-FirstDoNoHarm_r1[1].pdf

Administration views on S.1145

2008-02-04T13:31:04Z

To read the Administration's views on S.1145, click on the following link:

http://www.ogc.doc.gov/ogc/legreg/letters/110/S1145020408.pdf

September 7th, 2007: The House passed HR1908

2008-01-31T16:53:29Z

Senate Judiciary Committee's Report on S.1145

2008-02-04T10:43:30Z

A draft of the Senate Judiciary Committee's Report on S.1145 can be found here. ...

S.1145

2008-02-04T10:42:49Z

As reported on Fish & Richardson P.C.'s website:

2008 Patent Reform Update

Senate Leadership Reaffirms Commitment to Passing Patent Reform Legislation. Amid media commentary that patent reform legislation is dead, Senate leadership on December 18, 2007 reaffirmed their commitment to passing patent reform legislation in 2008. See the statements entered into the Congressional Record (Cong. Rec. 12/18/07, p. S15898) by Senators Leahy and Hatch here. "Our leadership has committed to taking up S.1145 as early in the new year as possible, and we commend that commitment. I fully recognize that when the bill was reported by the Judiciary Committee, a number of members expressed a strong view that the bill should be further perfected before it comes to a vote on the floor of the Senate. I made a commitment to the members of the Judiciary Committee at the markup that I would work closely with each of them, and other Members of the Senate, to make further improvements to the bill. I reaffirm that commitment."

Both Senators highlighted four areas of the legislation - damages, post-grant review, inequitable conduct, and venue - as areas on which they are continuing to refine in order to garner greater support for S. 1145. This comes, they said, after hundreds of meetings with interested stakeholders since the Senate bill was reported out of the Judiciary Committee in July. Sen. Hatch offered that he "firmly believe[s] that compromise on each of these provisions is achievable." As for timing, Sen. Leahy indicated that "[t]his will continue to be an open and deliberative process, with the goal of favorable Senate action as early as the floor schedule permits."

Vote NO on S.1145

2008-02-04T10:42:11Z

As you know, Congress has already passed HR1908. Now the Patent Reform Bill (S.1145) is in front of the Senate, and they looked poised to pass it for Presidential review. It is important that as concerned citizens we stand up and make our voice heard.

Here's an excerpt from Dan Leckrone - The TPL Group:

"America has no greater asset than the ideas generated through hard work and imagination. These ideas have long been protected by Patents, which have played a vital role in America's economic expansion and prosperity. With Patents playing such a principal role in the economic success of the past, it is shocking that the United States Congress, the very body that is meant to represent the interest of the overall good, has decided to pursue a policy that would weaken control of America's ideas and make vulnerable the American economy. This policy is being enacted through the "Patent Reform Act", which has the goal of watering down Patents in order to protect big business from lawsuits -- lawsuits which require payment for the use of the technology appropriated.

While the bill's authors may have sincere intentions, if enacted this law would do a great disservice to the American entrepreneurs. It will drastically weaken the Patent System, making it harder for inventors to protect the ideas they worked to create. The irony behind this legislation is that many of the "Patent Reform Act" prime supporters are businesses that have risen to the top of the industry using the very same Patents they now wish to deteriorate. It is unfortunate that these Companies do not wish to bestow the same opportunities to others that they themselves have received."

Mr. Leckrone pretty much sums it up. Please write your US Congress Representative and US Senators and make them understand that as innovative Americans we feel that all businesses, whether public or private, big or small, deserve the opportunity to develop and protect their own ideas. With the goal of economic equality in mind we join with a growing number of businesses, universities and others who feel that the Patent Reform Act should not weaken the ability of Americans to protect their ideas.

As concerned Americans, what can we do?

First, you can provide your support by posting a quick comment on this blog voicing your concern as US citizens against the "Patent Reform Act". A simple "Please vote NO on S.1145" is sufficient. Once we have a considerable amount of responses, I will be sending an email to ALL US Senators with a link to this blog, so that they can see for themselves that there are a large number of constituents asking them to vote NO on S.1145. When posting a comment, it might be beneficial to include your first name and identify the state in which you reside.

Second, you are highly encouraged to write your US Senators and express your concern that this bill, if passed, will only weaken America's greatest strength and passion, that being our strength and passion to innovate.

US Senator Directory:

http://www.senate.gov/

Please join me in sending our elected officials a strong message to vote NO on "S.1145". Thank you!