It wasn’t so long ago when President Obama signed the America Invents Act (AIA) into law. Casual observers thought that would be the end to patent reform for another generation, at least. Instead patent reform is becoming an annual event in Washington, DC.
While there are a number of pending bills relating to various aspects of patent law and procedure, currently there are four serious proposals for patent reform in various stages of consideration in Congress. They are: (1) The Innovation Act; (2) The TROL Act; (3) the STRONG Patents Act; and (4) the PATENT Act.
This live event will discuss patent reform in a way that most programs have not. Patent reform has been focused on a variety of provisions that may well be helpful to a select number of tech companies, but which likely will not create a better patent system or streamline processes. We will explore what should be in patent reform proposals, but which is missing. We will also explore the underlying realities for innovators and how certain proposals would negatively impact the business of innovation.
9 – 9:10 a.m. Welcome by Bob Stoll
9:10 – 9:30 a.m. Keynote presentation by Chief Judge Paul Michel (CAFC, ret.)
9:30 – 10:45 a.m. Panel 1 – The Consequences of Patent Reform
This panel will take a look at the intended and unintended consequences of certain provisions of the various pending patent reform bills (i.e., fee-shifting, joinder, customer stays, demand letter reform, heightened pleading requirements). Rather than criticize the provisions or sing their praises, the intent of this panel is to get behind the rhetoric and talk about the reality of how patent reform will change the litigation and enforcement dynamic and whether the proposed changes will fix the identified problems or do more harm to the system.
Gene Quinn, IPWatchdog – Moderator
Brad Olson, Barnes Thornburg
Michael Remington, Drinker Biddle
Chief Judge Paul Michel (CAFC, ret.)
10:45 – 11 a.m. Break
11 – 12:15 p.m. Panel 2 – Patent Reform for a Better Patent System
Provisions that could lead to a better, more streamlined patent system have been overshadowed by the current patent reform initiatives pending in Congress. This panel will address what patent reform might look like if Congress were to focus on improving the patent system. Panelists will discuss patent exhaustion issues, fixes to post grant administrative procedures to eliminate abuse, possible expansion of the experimental use exception and legislation related to subject matter eligibility. Participants will be asked to suggest other needed changes and a dialog discussing the issues will ensue.
Bob Stoll, Drinker Biddle – Moderator
John Whealan, Dean for IP Studies at George Washington
Vince Garlock, Deputy Executive Director, AIPLA
Hans Sauer, Biotechnology Industry Organization
Adam Mossoff, George Mason University