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

Posted on February 18, 2011 by Brian Wm. Higgins

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.



 
Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Under Secretary of Commerce Dudas to Discuss Patent Reform Tomorrow

Posted on February 4, 2008 by Brian Wm. Higgins

     The following Notice concerning patent reform was posted on the USPTO website today. Clearly, the Bush Administration is concerned about a potential vote on the Senate's version of the Patent Reform Act of 2007 (S.1145), which was placed on the Senate Calendar in late January. In a letter to Sen. Leahy, dated today, Nathaniel Wienecke, Assistant Secretary of Commerce for Legislative and Intergovernmental Affairs, writes:

"The Administration continues to oppose Section 4, "Right of the Inventor to Obtain Damages." Consequently, we continue to oppose S. 1145 - in its entirety - unless Section 4 is significantly revised, as we believe the resulting harm to a reasonably well-functioning U.S. intellectual property system would outweigh all the bill's useful reforms.

* * *

"Downstream litigation costs can be minimized through patent clarity - offered through such early elucidation mechanisms as applicant quality submissions and post-grant procedures. Flexibility in assessing damages ensures that results can be tailored, avoiding a "one-size-fits-all" approach that pleases no one."

     The entire Notice, which involves a media call tomorrow, is after the jump...

"Commerce Under Secretary to Address Bush Administration’s Views on Patent Reform Act of 2007

Washington, D.C. – Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) Jon Dudas will highlight by teleconference on Tuesday, February 5, the Bush Administration’s views letter provided to members of the Senate regarding the Patent Reform Act of 2007 (S. 1145).

WHO Under Secretary of Commerce for Intellectual Property Jon Dudas

WHAT Media availability to discuss Administration’s views on S. 1145

WHEN Tuesday, February 5, 2008 10:30 a.m. ET (call in by 10:25 a.m.)

Reporters should call 800-779-8694 and enter the code #35841 to participate in the call.

Background
The Administration strongly opposes S. 1145 in its current form, but strongly supports passage of balanced patent modernization legislation. Any changes must be carefully considered and balanced to encourage all innovators and business models. The Administration opposes S. 1145 because it does not strike the right balance for all innovators. Unless the provisions limiting inventors’ rights to obtain damages are significantly revised, the Administration believes the resulting harm to the U.S. intellectual property (IP) system would outweigh the bill’s many useful reforms.

The Administration continues to strongly support the passage of patent modernization legislation that improves patent quality and reduces litigation costs. In fact, the Administration agrees with many of the bill’s provisions— and believes that those provisions pertaining to applicant quality submissions are the only ones that serve to maximize quality in the U.S. IP system. The Administration will continue to work with Congress to enact legislation that will promote innovation throughout all sectors of the economy.

To access the letter in its entirety, go [here]. "
Tags: , , , , , , , , , , , ,