WASHINGTON (Wednesday, Sept. 15, 2010) – A bipartisan group of 25 Senators Wednesday sent a letter to Senate Majority Leader Harry Reid (D-Nev.) urging him to schedule a vote on the bipartisan Patent Reform Act. The legislation will make the first reforms to the nation’s patent laws in more than 55 years, and will update the patent system to improve patent quality and increase certainty among parties in litigation.
Leading signatories to the letter include Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) and Ranking Member Jeff Sessions (R-Ala.), as well as Senator Orrin Hatch (R-Utah), the lead Republican cosponsor of the patent reform legislation. Leahy and Hatch have teamed together in each of the last three Congresses to introduce patent reform legislation, and in March 2009, they introduced the Patent Reform Act. The Judiciary Committee reported the legislation in April 2009, and this past March, Leahy, Sessions, Hatch and others announced a bipartisan compromise aimed at addressing stakeholders’ concerns.
“A well functioning and efficient patent system is critical to American invention and innovation, which are the cornerstones of our economy and job creation,” the Senators wrote. “Patents granted represent jobs for the American people – jobs developing and producing new products and services, jobs bringing these products and services to the market, and jobs selling these products and services to consumers here and abroad. Strengthening our patent system and spurring innovation and investment is an action we should take now to stimulate our economy.”
The letter concludes, “Patent reform is bipartisan legislation, supported by the Administration, that will improve the economy and create jobs without adding to the deficit. We urge you to schedule the Managers’ Amendment for debate as soon as possible.”
In remarks last week, President Obama underscored the importance of an effective patent system, stating, “We see a future where we invest in American innovation and American ingenuity; where we export more goods so we create more jobs here at home; where we make it easier to start a business or patent an invention; where we build a homegrown, clean energy industry — because I don’t want to see new solar panels or electric cars or advanced batteries manufactured in Europe or Asia. I want to see them made right here in the U.S. of A by American workers.”
The administration has indicated its strong support for the managers’ amendment to the Patent Reform Act. The compromise is also supported by a diverse group of industries and stakeholders, including: The Coalition for 21st Century Patent Reform, Biotechnology Industry Organization, Microsoft, IBM, PhRMA, Genentech, Association of American Universities, American Intellectual Property Law Association, AdvaMed, Dow Chemical Company, ExxonMobil, Bose, AFL-CIO, United Steelworkers, Association of University Technology Managers, the National Association of Manufacturers, National Venture Capital Association, Kodak, Pepsico, and independent inventors.
Joining Leahy, Sessions and Hatch in signing the letter were Senators Herb Kohl (D-Wis.), Arlen Specter (D-Pa.), Jon Kyl (R-Ariz.), Sheldon Whitehouse (D-R.I.), Richard Lugar (R-Ind.), Amy Klobuchar (D-Minn.), Thad Cochran (R-Miss.), Ted Kaufman (D-Del.), Kit Bond (R-Mo.), Joe Lieberman (ID-Conn.), Sam Brownback (R-Kan.), Bill Nelson (D-Fla.), Richard Burr (R-N.C.), Frank Lautenberg (D-N.J.), Roger Wicker (R-Miss.), Bob Menendez (D-N.J.), George LeMieux (R-Fla.), Sherrod Brown (D-Ohio), Bob Casey (D-Pa.), Claire McCaskill (D-Mo.), Roland Burris (D-Ill.), and Kirsten Gillibrand (D-N.Y.).
The full text of the letter follows. A PDF is also available online.
# # # # #
September 15, 2010
The Honorable Harry Reid
Majority Leader
United States Senate
S-221, U.S. Capitol
Washington, D.C. 20510
Dear Majority Leader Reid:
We request that you bring the Managers’ Amendment to S. 515, the Patent Reform Act, to the Senate floor for consideration as soon as possible.
A well functioning and efficient patent system is critical to American invention and innovation, which are the cornerstones of our economy and job creation. Patents granted represent jobs for the American people – jobs developing and producing new products and services, jobs bringing these products and services to the market, and jobs selling these products and services to consumers here and abroad. Strengthening our patent system and spurring innovation and investment is an action we should take now to stimulate our economy.
The bipartisan Managers’ Amendment to S. 515 released by the Judiciary Committee would speed the patent application process, reducing the three-year wait that inventors must endure before obtaining their patents and securing the funding needed to place new products on the market. This comprehensive patent reform legislation would also allow the public to bring forward relevant information to the USPTO during the patent examination process and after the patent has been granted, improving the clarity and quality of patents and providing greater confidence in their validity and enforceability. The Managers’ Amendment would also move the U.S. patent system into greater harmony with the rest of the world and bring greater predictability to patent infringement litigation, enabling inventors and businesses to dedicate more resources to inventing and bringing those inventions to market.
Patent reform is bipartisan legislation, supported by the Administration, that will improve the economy and create jobs without adding to the deficit. We urge you to schedule the Managers’ Amendment for debate as soon as possible.
Sincerely,
PATRICK LEAHY JEFF SESSIONS
United States Senator United States Senator
HERB KOHL ORRIN HATCH
United States Senator United States Senator
ARLEN SPECTER JON KYL
United States Senator United States Senator
SHELDON WHITEHOUSE RICHARD G. LUGAR
United States Senator United States Senator
AMY KLOBUCHAR THAD COCHRAN
United States Senator United States Senator
EDWARD E. KAUFMAN CHRISTOPHER S. BOND
United States Senator United States Senator
JOSEPH I. LIEBERMAN SAM BROWNBACK
United States Senator United States Senator
BILL NELSON RICHARD BURR
United States Senator United States Senator
FRANK LAUTENBERG ROGER WICKER
United States Senator United States Senator
ROBERT MENENDEZ GEORGE S. LEMIEUX
United States Senator United States Senator
SHERROD BROWN ROBERT P. CASEY, Jr.
United States Senator United States Senator
CLAIRE MCCASKILL ROLAND BURRIS
United States Senator United States Senator
KIRSTEN E. GILLIBRAND
United States Senator
cc: The Honorable Mitch McConnell
Join the Discussion
15 comments so far.
patent litigation
September 20, 2010 03:42 pmIt’s great to see that patent reform is not dead, and that members of Congress value IP and are taking steps to improve the lot of the USPTO and patent law. However, we need substantial, substantive reform, which our esteemed senators to not appear to offer us in S. 515.
http://www.aminn.org/webcast-aipr-patent-reform-presentation-us-patent-and-trademark-office
step back
September 17, 2010 08:37 pmBD,
I’m aware of political parties that keep donkeys (asses) as their pets and others that favor roomfuls of blind tea party-goers circling about elephants. However, I didn’t know there were those that could make the reptiles cry. Perchance do they do it by teasing the reptiles with an offer of fresh Kool Aid? 😉
Blind Dogma
September 17, 2010 05:14 pmstep back,
You just might see some alligator tears, but my advice would be to see those tears from a comfortable distance.
step back
September 17, 2010 04:53 pmI know today is not April 1st.
But it was meant as a joke, as sarcasm with a twist of citric irony.
Lighten up.
Then again, abuse is what patent reexamination can become if an inventor is hauled in for one inquisition after the next under the post-grant reconsideration rules of the “reformisists”. But no one sheds a tear for the inventor. Do they?
IANAE
September 17, 2010 03:53 pmSo, for example, just because the previously non-infringing defendant comes out with a substantially new product you get to sue him for infringement again?
That’s ridiculous. America would never stand for that sort of abuse of process.
step back
September 17, 2010 03:48 pmHot of the Presses:
Coalition for “Fairness” realizes that fairness requires adding a new Reexamination-of-Noninfringement to the “Reform” Bill. Senators Leahy and Hatch throw their full support behind the new “reform” idea.
After having recently read the story about the goose, the gander, the sauce and the gravy (in the My Pet Goat literature series), members of the “Fairness” Coalition unanimously came out in support of a new Reexamination-of-Noninfringement procedure.
It works like this:
After a US District Court rules that a patent is not infringed, the patent owner may haul the the accused party before a USPTO tribunal to reexamine the finding and perhaps reverse it. This can be done over and over again just as long as a substantial new question as to Noninfringement is raised each time.
In other words, it is simply the flip side of Reexamination re Validity.
Just as an accused infringer may haul the patent owner before the PTO tribunal for reexamination of patent validity, the patent owner may now haul the accused (time and again) before the PTO tribunal for reexamination as to whether the finding of noninfringement was in error.
Gravy for the Goose. Sauce for the Gander.
Fair is fair (and certainly not foul or fowl).
How could a Coalition for “Fairness” stand for anything less?
Let us all support the Rally to Restore Fairness to America on Oct. 30th!!!
Be there or be Colbert.
http://www.rallytorestoresanity.com/
New Here
September 17, 2010 12:25 pmRE: “Golden Road” Grateful Dead Song – taken only for the “freedom” attitude description in the song.
Robert K S
September 17, 2010 12:53 amI am deeply disappointed to learn that my senator, Sherrod Brown, signed this letter.
S.515 does nothing to address the substantive problems with the patent system, but instead introduced a number of detrimental changes which will make patents harder to get and less valuable.
The rhetoric about this bill being needed to “update” the patent system is specious and Gene should feel shameful for reprinting it here as a press release without any critical commentary. Certainly, nothing in S.515 will “improve the economy and create jobs”. There are no provisions in S.515 that will help get “solar panels or electric cars or advanced batteries” built in America. This is instead a bill written by and for a small group of big businesses in certain technology sectors and will mainly work to help them reduce their vulnerability to innovative market-entrant competition by weakening the patent system.
Senator Brown, where was your discussion with your constituents on this issue? I wasn’t invited to the meeting, though I deserved to be there. I would be greatly disappointed if your support for the wrong side of this issue was won without full consideration of both sides.
I agree that S.515 isn’t a partisan issue. That’s not its problem. It’s more analogous to a Wall Street vs. Main Street issue. Senator Brown just chose (the analog of) Wall Street, and I’ll like to know why, what information and belief he has based his choice on.
Blind Dogma
September 16, 2010 04:36 pmGolden road to follow?
That appeared to be English, but I have absolutely no clue what you mean New Here.
Rusty
September 16, 2010 04:14 pmRoland Burris really shouldn’t count…
New Here
September 16, 2010 02:46 pm@Gnstr
“but ask them to suggest something better,(that would work and protect an industry that although is dysfunctional and prone to abuse,”
“an industry that although is dysfunctional and prone to abuse”
Thank you; but most of those that suggest, are the those who are against patents ?
Why would you ask someone to suggest anything that are against patents ? I don’t get your logic there to make a point to criticize hose who are against patents.
The patent system has had a golden road to follow to make it better themselves, THEY HAVE NOT ! Abuse comes down to taking the broken patent system for a ride for as long as it would last. If those of the patent system can’t handle it, then maybe it is time to exam the value of what already has been patented to address the question where and how the Law should change for the future.
staff
September 16, 2010 09:12 amJust because they call it “reform” doesn’t mean it is.
Gnstr
September 16, 2010 09:09 amThose who are against patents, (its an army) simply don’t understand the issues. They are all too quick to criticize, but ask them to suggest something better,(that would work and protect an industry that although is dysfunctional and prone to abuse, is functional enough and profitable enough to offer jobs to hundreds of thousands of people), and all too quickly, they’ve run out of ideas.
EG
September 16, 2010 08:38 amGene,
S.515, even as amended, still gives me huge pause for concern. It still isn’t “real reform” as it doesn’t address (other than indirectly) the systemic issues in the USPTO patent examination process (e.g., examination efficiency, examiner retention, a “rational” starndard for inequitable conduct, etc.). For that reason, I’m still not on-board for S.515.
step back
September 16, 2010 03:36 amIn other words forcing inventors to pay more for trying to get the patent they never will get if we the inventor-hating coalition have anything to say about it.
How funny.
Isn’t the English language a most pliable and pleasurable tool for saying one thing and sounding like you mean another?