Wednesday, March 04, 2009

Commentary on patent reform bills of March 3, 2009

Innovation Alliance expressed dissatisfaction with the patent reform bills put forth on 3 March 09. Although there are more Democrats in this Congress than in the previous Congress that wouldn't act on S.1145, the breakdown on patent reform is not strictly on party lines. If the jobs issue pushed by labor unions last time is emphasized, patent reform could become radioactive quickly. It's the economy, stupid.

A press release on IA's position-->

The Innovation Alliance expressed deep disappointment in response to the patent bills introduced jointly today in the U.S. House and Senate, noting its concerns with several key provisions that would weaken patent protections, chill innovation for large segments of the U.S. business community, and cost American jobs.

"Unfortunately, the bill introduced today is basically the same divisive bill that was opposed by a broad range of American industries, innovators, universities and labor unions when it stalled in the last Congress," said Brian Pomper, Innovation Alliance Executive Director. "The U.S. patent system has been critical to the success of countless American entrepreneurs, large and small businesses, and workers for over two hundred years. At this time of grave economic uncertainty, Congress should not make changes recklessly, without compelling evidence that the proposed changes will positively strengthen the U.S. economy. This is especially true in light of sweeping changes in recent Supreme Court patent jurisprudence."

Pomper noted that today's bill introduction was especially disappointing in light of a series of Supreme Court and Federal Circuit decisions that have shifted the balance of power between patent holders and patent users, in each case narrowing the scope of either patent eligibility, rights or remedies to the benefit of patent users. Given the evolving judicial landscape, Innovation Alliance sees no need for sweeping legislation changing the fundamental foundations of U.S. patent law to address issues the courts are already addressing.

***on judicial changes, see U.S. SUPREME COURT AND FEDERAL CIRCUIT PATENT CASES (2006-PRESENT)
JUDICIAL PATENT REFORM AT WORK

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