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Posts Tagged: "Congressman Rohrabacher"

The Inventor Protection Act: Needed Momentum or More Harm than Good?

Recently, the Inventor Protection Act, H.R.6557, was introduced to Congress.  It’s a very well intentioned piece of proposed legislation.  However, it may actually do more harm than good to efforts to strengthen patent rights in the aftermath of the AIA. We need to fix what is wrong with the patent system for everyone, not merely carve out exceptions for a few.  Is H.R.6557 a step in the right direction, gaining momentum for stronger patent property rights for everyone, or will it harm the ability to reach that goal?  We think the answer is clear that H.R. 6557 as written doesn’t do what the patent laws were intended to do.

Congressman Rohrabacher Introduces the Inventor Protection Act to Protect Inventor-Owned Patents

Congressman Dana Rohrabacher (R-CA) has introduced H.R. 6557, the Inventor Protection Act, into the House of Representatives. This bill is the latest proposed piece of legislation to help undo some of the more damaging effects of recent federal government actions on patent law which have negatively impacted the ability of patent owners to enforce their patent rights against infringers.

Legislation Introduced in House to Repeal the PTAB and the AIA

There are 13 sections to Massie’s bill, many of which are geared towards the abolition of various statutes of the AIA. Perhaps the most salient portion of the proposed bill are sections regarding the abolishment of the Patent Trial and Appeal Board (PTAB) as well as the elimination of both inter partes review (IPR) and post-grant review (PGR) proceedings currently conducted by the PTAB. As the bill states, both IPR and PGR proceedings “have harmed the progress of science and the useful arts by subjecting inventors to serial challenges to patents.” The bill also recognizes that those proceedings have been invalidating patents at an unreasonably high rate and that patent rights should adjudicated in a judicial proceeding and not in the unfair adjudication proceedings which occur within the U.S. Patent and Trademark Office. Ex parte reexamination proceedings would be preserved by this bill as well.

Eagle Forum Education & Legal Defense Fund remembers Conservative legend and champion of inventors, patent system

Phyllis Schlafly was a giant who well understood the importance of the U.S. patent system, why structural choices were made that lead to a unique patent system compared to the rest of the world, and how vital it was to our national and economic security. In the end, as she knew she would not live forever, she wanted those similarly dedicated to the mission to understand the that work must continue, which was a recurring theme of the celebration and remembrance of Schlafly last night.

The Story of Phyllis Schlafly’s Devotion to Patents and Inventors

Phyllis Schlafly was a true friend of and advocate for the American inventor. Mrs. Schlafly’s life-long admiration of inventors was deeply felt and well-founded. Her biographer reports Mrs. Schlafly regarded an inventor to be “the most glorious product of the free-enterprise system.” She had firsthand exposure to an inventor: her father, Bruce Stewart.

Conservative Groups Upping Patent Bill Opposition

Leading organizations of the Conservative Movement have stepped up their game informing Congress on the philosophical reasons for opposing the Innovation Act and its Senate companion, the PATENT Act. This increased patent bill opposition is directed at Republican lawmakers, the political majority party in both houses of Congress. With House leadership deciding to postpone H.R. 9’s floor debate until at least September, the expanded conservative opposition seems to be effective.

House Judiciary to Markup Innovation Act this Week

The House Judiciary Committee will hold a hearing on Thursday morning, June 11, 2015, at 10am ET in order to markup the Innovation Act. The Manager’s Amendment is currently available on the hearing webpage. Additional proposed amendments by Judiciary Committee members are excepted to come in and be posted sometime later today. While a markup of this legislation has been rumored numerous times only to be postponed, it seems that this hearing will go forward. It is widely expected that the Innovation Act will easily clear the House Judiciary Committee. The resulting bill with whatever amendments may be approved may move quickly to the full House of Representatives for a vote.

Patent Integrity: An Appeal to College Presidents

A clique of multinational corporations is pushing legislation that will be a disaster for the rest of us, especially our universities with research components. Small inventors and their patrons in academia are being asked to swallow large dosages of poison encapsulated in the bill. Two features are especially concerning: mandatory fee shifting and involuntary joinder. Together and separately, they seriously weaken and put at risk the university technology transfer process, so necessary to America’s innovative and entrepreneurial way of life.

House Bill Seeks to End Diversion of Fees from the USPTO

The Innovation Protection Act, one of the lesser known patent bills percolating in Congress over the past few years, would provide a source of permanent funding for the USPTO. The fees the USPTO collects would remain available to the USPTO until expended. This common sense idea has been floated for years, but it never seems to go anywhere. Appropriators have been unwilling to commit to allowing the USPTO to keep user fees, diverting $1 billion worth of collected fees from the USPTO according to the Intellectual Property Owners Association. This may not seem like much but is a lot of money, but for an agency the size of the USPTO it is a lot of money.

House Passes Innovation Act, Battle Goes to Senate

A brake-down of the major provisions, the Amendments that passed and some key Amendments that failed… On Thursday, December 5, 2013, the United States House of Representatives passed the Innovation Act by a vote of 325-91. Surprisingly, the Innovation Act (HR 3309) had only been introduced on October 23, 2013, and was marked-up on November 20, 2013. “This schedule suggests the fix was in,” said Congressman Dana Rohrabacher (R-CA) on December 3, 2013, “The clear message to little inventors: give thanks for your intellectual property rights, because you may not have them by this time next year.”

Handwriting on the Wall: House Passes Managers Amendment to America Invents Act

Shortly after 2pm Eastern Time the United States House of Representatives voted on the Managers Amendment to the America Invents Act, H.R. 1249. The Managers Amendment passed by a vote of 283 – 140. The House then proceeded to address several amendments to H.R. 1249. The handwriting seems to be on the wall. The House is poised to pass H.R. 1249, together with prior user rights and without giving the United States Patent and Trademark Office access to the fees it collects without the blessing and approval of appropriators.