Last week, the “Restoring America’s Leadership in Innovation Act” was again floated by Republican Congressman Thomas Massie (KY). The same draft Bill was previously released in 2018 and 2020. Backed only by a handful of relatively powerless House Republicans, the Bill proposes a number of highly controversial measures. But, if you are going to dream, dream big!
Continue Reading Make Patent Trolls Great Again!
With June’s flurry of Senate hearings on the subject of patentable subject matter (i.e., 35 U.S.C. § 101), the previously announced plan was to release a draft reform bill in July. The draft was to be based on the outline of the framework discussed in the earlier hearings. Of course,
The Stronger Patents Act just wont go away. While the bill has been introduced several times over the years, it has never gotten any significant traction. Since its initial introduction, several of the bill’s Patent Trial & Appeal Board (PTAB) provisions have been mooted by regulatory changes. What remains would effectively repeal the AIA to the point that the PTAB would no longer be a viable option — a non-starter for everyone but Bio/Pharma and small inventors.
So, what is different now?
Continue Reading Stronger Patents Act – Back Again
Late last week, the Senate Judiciary Committee announced the formation of an Intellectual Property (IP) Subcommittee. The Senate Judiciary has not had an active IP Subcommittee for decades (unlike the House).
Senators Thom Tillis (R-NC) and Chris Coons (D-DE) were announced as Chairman and Ranking Member of the IP Subcommittee. You may remember these same senators conducting a closed-door meeting with larger stakeholders (Tech and Bio/Pharma) last December on the topic of patent subject matter eligibility (35 U.S.C. § 101). On the heels of the USPTO’s revised patent eligibility guidelines, it appears that the stars may finally be aligning for meaningful 101 reform.
Continue Reading Senate Judiciary Leaders Resurrect Long Dormant IP Subcommittee
The Stronger Patent Act has failed to gain traction for several years now. The Bill is deemed to one-sided, proposing legislative changes that would effectively kill AIA trial proceedings. Strangely, a new bill was introduced last week that goes even further.
The so-called Restoring America’s Leadership in Innovation Act
Today, Representative Steve Stivers (R-OH) and Representative Bill Foster (D-IL) introduced H.R. 5340, the so-called “Support Technology & Research for Our Nation’s Growth and Economic Resilience (STRONGER) Patent Act.” The bill (here) is a carbon copy of the Senate Bill (save some cosmetic changes). On the