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Posts Tagged: "Congressman Ryan"

California Dreaming: Mitt Romney and the Inter Partes Rebuke of Trump

Just when you thought the race for the White House couldn’t get any more unpredictable and bizarre, the 2012 Republican Nominee rebuked the current Republican frontrunner, Donald J. Trump. Romney won’t rule out a possibility of accepting the mantle if drafted at the Republican Convention, although he says he will endorse one of the remaining three candidates at some point. There is always the possibility that Romney is trying to keep the door open for someone else, perhaps his former running mate and current Speaker of the House Paul Ryan (R-WI). Given the Romney turn of events we thought it might be appropriate to take a look at what we know about Romney and Ryan as it pertains to patent and innovation policy.

Patent Reform Returns: Venue Reform Bill to be introduced in Senate

While widespread patent reform seems unlikely during the remainder of the 114th Congress, targeted patent reform is another matter entirely. Indeed, the Senate Committee on Small Business & Entrepreneurship recently held a hearing largely attacking the America Invents Act (AIA) and the current reform bills and in a bi-partisan manner. And this week we may see a bi-partisan push in the Senate for a bill that focuses only on venue reform, which will be co-sponsored by Senator Jeff Flake (R-AZ) and Senator Cory Gardner (R-CO). The bill, available in draft form, is titled the Venue Equity and Non-Uniformity Elimination Act of 2016.

Will a Patent Question Come Up At The Presidential Debates?

At this point in the presidential cycle it is too early to expect a great deal of substance on issues like patents? The point where patents may come up in the debates will be in these application layer issues of drug pricing, taxes or maybe trade. But even then the discussion will be delicate and nuanced, unless we have a February 2008 situation. Sure litigation gamesmanship (generally and not just patents) remains important and perhaps for reasons not widely appreciated given the recent Supreme Court decisions on class action lawsuits and arbitration issues that have changed the balance of the force. Senator Ted Cruz, Carly Fiorina and Senator Rick Santorum have already publicly expressed specific views about the Constitution and the patent system. And certainly the Constitution gets referenced a lot at the debates. But are they going to use their finite time at a debate to discuss patents when there is broader interest in guns, terrorism, refugees, wars, and the powers of the president?

Patent Reform in 2016, Maybe Not as Dead as you Think

As interesting as the Senate may become when patent reform resurfaces, the dynamic in the House will be fascinating for many reasons. Since patent reform stalled there is a new Speaker of the House, Paul Ryan (R-WI). Speaker Ryan has said he plans to return the House to regular order and allow business to trickle up from members to the full House rather than have legislation forced down from leadership on Members. It is widely known that Goodlatte and Issa continue to want more patent reform and are seeking opportunities to push forward to a vote in the House. Will Speaker Ryan allow the Innovation Act to come to a vote in the House?

The Advantages of Enacting a Patent Box Regime

The exact terms of a patent box will vary depending on what the drafter is trying to promote. For example, the tax preference could require that the profits be derived only from a patent secured in that country or that the patented product be the result of domestic R&D. The Boustany-Neal draft legislation is called the “innovation box” and would impose an effective tax rate of 10% on all innovation box profits by creating a deduction equal to 71% of a corporate taxpayer’s innovation box profit.

Sequestration Politics Places USPTO Satellite Offices on Hold

With sequestration finally cutting the Republicans don’t seem to be in any rush whatsoever, so the Patent Office which really should be exempt is caught in the cross hairs. Although it is easy to point at Congressman Wolf, a Republican, and say the Republicans are to blame, that would be a mistake. Senator Coburn (R-OK) is a Republican and he fought to fully and fairly fund the USPTO. Furthermore, the reason the USPTO is bound by sequestration is thanks to the interpretation of the Office of Management and Budget. OMB is a part of the Executive Branch, so the President is in no way blameless. He has no trouble ignoring Congress when it suites him (i.e., the health care employer mandate delay) but when an argument could logically be made that the USPTO is not covered by sequestration no such argument was made. Thus, this is less a political issue than it is really bad kabuki theater.

The America Invents Act – How it All Went Down

On Friday, September 16, 2011, President Obama signed into law “The America Invents Act” (“AIA”) which passed the Senate on September 8, 2011, by a vote of 89-9. The AIA passed the House of Representatives on June 23rd by a vote of 304-117. The measure, which is the product of a seven-years-long legislative battle among patent policy stakeholders, changes how patents are obtained and enforced in the United States. Important reforms to patent law are incorporated into the AIA and, just as significantly, several controversial proposed changes were deleted from the AIA before final passage. This article is a play-by-play of the process and how it unfolded.

Top 10 Reasons Republicans Might Oppose the Patent Office

Given that House Republicans seem to fear an adequately funded Patent Office I got to thinking — What could they be afraid of? With that in mind, here are the top 10 things that House Republicans must be afraid of as they seek to oppose an adequately funded Patent Office. Can you hear the black helicopter squad swirling overhead, conspiracy theories in hand?

House Republicans Oppose Adequately Funded Patent Office

Despite the fact that Congressmen Ryan and Rogers would like this to be about the Obama Administration, the fact is that Senator Tom Coburn (R-OK) is the one who championed the amendment in the Senate that would give the Patent Office the ability to keep the fees it collects. Senator Coburn is known as “Senator No” for his staunch fiscally conservative stance on virtually all issues. So if you are willing to let facts influence your viewpoint there is absolutely no way that Patent Office funding within proposed patent reform can be an issue upon which Republicans can beat up Democrats. It was a leading fiscally conservative Republican in the Senate who brought the USPTO funding issue out of obscurity and to the top of the agenda.

Non Sequitur: We Need to Go Back to the Clinton Tax Rates

For goodness sake, innovation is the key to a better economy, not raising taxes! Simply stated, taxing more at a time when individuals and businesses are doing less well is not the same as taxing more when individuals and businesses are doing better year after year. In one scenario the tide is rising and will remain high, although slightly less so with increased payments to the government. In the second scenario the tide is already lower and becomes even lower still with additional financial burdens owed to the government. It doesn’t take a rocket scientist to realize there is a fundamental difference between taxing a rising economy and taxing a falling, stagnant or sluggish economy.

Obama Mentions Inventors and Patents in State of the Union

Earlier this evening President Barack Obama delivered the 2011 State of the Union Address to a live audience in the House Chambers at the Capitol. Not surprisingly, President Obama mentioned “innovation” repeatedly. The use of the “innovation” rhetoric is to be expected any more from our elected leaders, but it is typically little more than rhetoric. Perhaps that is how this speech will ultimately go down in history, but I must confess near complete shock that President Obama did utter the word “patent” during his speech this evening.