Draft Bill Dead on Arrival

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!

2015, 2017, 2018, 2019…

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

Subcommittee to Tackle 101?

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

Copycat House Bill to Generate Positive Buzz?

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