Wednesday, August 05, 2015

Patent reform issues are so-o-o-o non-partisan

On August 4, 2015, Kevin E. Noonan at PatentDocs discussed the Goodlatte Report
on Goodlatte's Innovation Act, HR 9.

Of interest related to the estoppel issue was the text:

An example of the former change is elimination of the "could-have-raised" estoppel provisions
of the post-grant review provisions of the AIA. The Report cites statements from the AIA's legislative history
that inclusion of this estoppel was a simple mistake that needed correction inter alia because of its negative effects
on the effectiveness of the post-grant review provisions of the law.

After all the back-and-forth debate about "could have raised" that preceded
passage of the AIA, one finds it hard to understand how this was a "simple mistake"!

Congressman Conyers and the dissenting Democrats ended their portion of the Goodlatte report with the text:

Congress must respond to the problems of abusive patent litiga-
tion in the courts and the gaming of the patent process at the
USPTO, and we are willing to work with any and all stakeholders
and interested parties to develop a fair process to find common
sense solutions. That is why we supported amendments at the
Committee markup to make reasonable improvements that would
protect patent rights, while still curtailing abusive patent litigation
and exploitation of the patent process. We must take a targeted ap-
proach that includes deterring further abuses of IPR proceedings
and ending fee diversion from the USPTO to ensure adequate hir-
ing, proper training of examiners, and sustained patent quality.
And, serious patent reform legislation must stop the extortionate
use of deceptive demand letters. Unfortunately, we cannot support
H.R. 9 because it includes changes that go well beyond the prob-
lems of so-called ‘‘patent trolls;’’ it creates an imbalance in the pat-
ent system tilted against individual inventors and small busi-
nesses; and it will have a chilling effect on innovation.

This could easily have been written by conservative Republican Congressman
Dana Rohrabacher.

link to Noonan post:


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