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.



 

Patent Reform Act of 2008: News, Commentary, and Analysis

     Seven weeks after Senator Jon Kyl (R-AZ) introduced S.3600, the Patent Reform Act of 2008, on September 25, 2008 (source: GovTracks), the reaction has been predictable, with stakeholders on the pro- and anti-reform sides making their views known. The Advanced Medical Technology Association (AdvaMed) said “improving and modernizing the patent system is clearly important to all sectors of the U.S. economy and we applaud Sen. Kyl and his staff for their leadership and inclusive approach to developing this legislation.” The Biotechnology Industry Organization’s (BIO) President and CEO Jim Greenwood immediately praised Kyl’s legislation, stating that "BIO appreciates the efforts of Senator Kyl and his staff to address the concerns of many stakeholders with the patent reform legislation currently pending in the Senate, and commends him for introducing the Patent Reform Act of 2008 (source: IPWatchdog).

     How will other stakeholders react? If past efforts are any indication, technology companies like Blackberry-maker RIM, which reportedly spent hundreds of thousands of dollars lobbying Congress on legislation including patent reform in 2007, may take the same stance with the 2008 legislation, as will Microsoft, Google, and other tech companies, which formed the Coalition for Patent Fairness and fought big pharmaceutical companies to keep portions of the existing patent system in tact during the battle over the 2007 patent reform effort.

     Bloggers have weighed in on the new legislation, too. “There is practically zero chance that this bill will pass in the current [110th Congress] session” (source: Peter Zura at the 271blog). Ex-AIPLA executive director Michael Kirk agrees. "Even if the Democrats get to 60 seats in the Senate, I would not count on the legislation being passed,” Kirk said in an exclusive interview with IAM (source: IAM Blog).