America Invents Act: Senate Patent Reform Debate Begins

          Yesterday the Senate began debate on S.23, the Patent Reform Act of 2011, also referred to as the "America Invents Act" by its sponsor, Senator Patrick Leahy (D-VT), who spoke at length about the need for patent reform during his introductory remarks.  Several Senators rose to voice their views on the bill, and several   

new amendments were offerred on the Senate floor (some amedments are not relevant to the underlying S.23 bill):

  • S.Amdt. 114 by Sen. Leahy (D-VT): to change the title of S.23 to "America Invents Act" and providing authority to set/adjust use fees
  • S.Amdt. 116 by Sen. Bennet (D-CO):  "To reduce the fee amounts paid by small entities requesting prioritized examination under Three-Track Examination."
  • S.Amdt. 117 by Sen. Bennet (D-CO): "To establish additional USPTO satellite offices."

 

 

          Senator Leahy (above) stated "The America Invents Act provides the tools the PTO needs to separate the inventive wheat from the chaff, to help businesses bring new products to market and create jobs. This is interesting because this is a piece of legislation that is supported by both business and labor--something we all want to see in this Chamber--including the National Association of Manufacturers, the United Steelworkers, the National Venture Capital Association, the AFL-CIO, the Association of American Universities, and companies representing all sectors of the patent community that have been urging action on patent reform proposals for years."

          The Senate takes up the bill again today, March 1, 2011, after morning business is concluded, though because of the pending budget continuation resolution debate, other Senate activity, like patent reform, may be delayed.

 

Patent Reform: Senate Debate to Begin February 28, New Sponsors, For and Against

Senate Calendars Patent Reform Debate for February 28, 2011

       Today the U.S. Senate indicated that upon the conclusion of Morning Business on Monday, February 28, 2011, it will proceed to consider S. 23, the Patent Reform Act of 2011.  S.23 was reported out of the Judiciary Committee on February 3, 2011, with few changes from the version introduced on the Senate floor by Sen. Patrick Leahy (D-VT).

 

New Bill Sponsors Come Forward

          GovTracks is reporting additional sponsors of S.23: Sen. Richard Blumenthal (D-CT), Sen. Kirsten Gillibrand (D-NY), and Sen. Herb Kohl (D-WI), bringing the total number of Senators co-sponsoring S.23 to 11 (six Democrats, four Republicans, one Independent). No Maryland Senator is a co-sponsor.

 

For and Against Patent Reform

          MapLight is reporting the following organizations and interest groups as publicly supporting or opposing S.23:

Support:

  • American Institute of Certified Public Accountants (AICPA)
  • Association of University Technology Managers (AUTM)
  • Biotechnology Industry Organization (BIO)
  • Consumer Action
  • Innovation Alliance
  • International Association for Registered Financial Consultants
  • Microsoft
  • Partnership for Philanthropic Planning
  • Pharmaceutical Research and Manufacturers of America (PhRMA)
  • Public Interest Research Group
  • Tax Justice Network USA
  • The American College of Trust and Estate Counsel

Oppose:

  • Cisco
  • Dell
  • Financial Services Roundtable
  • Generic Pharmaceutical Association
  • Independent Community Bankers of America
  • Securities Industry and Financial Markets Association
  • The Clearing House Association
  •  

          The Biotechnology Industry Organization (BIO), indicated as in favor of patent reform, is comprised of hundreds of bio and pharma companies, organizations, universities, and governmental agencies, including over 60 based in or operating in Maryland.