Media Contacts: Michelle Craig or Jim Blundell, Nyhus Communications LLC for Innovation Alliance | (206) 323-3733; michelle@nyhus.com, jim@nyhus.com
Innovation Alliance Applauds Senators’ Stand on Patent Reform Bill
Senators urge changes to post-grant review provisions in patent reform legislation
Washington D.C. – The Innovation Alliance (http://www.innovationalliance.net/), a coalition of stakeholders working to maintain a strong patent system that supports innovative enterprises of all sizes, today embraced an effort by several senators, led by Senator Sam Brownback, to encourage review of the post-grant review provisions in current patent reform proposals. The Alliance announced its support for letters written by 12 senators to Senate Majority Leader Harry Reid and Minority Leader Mitch McConnell that voiced concern with the bill’s post-grant review language.
The letters state that the current language would “permit serial challenges to patents at the U.S. Patent and Trademark Office and in the courts” and also threaten to “diminish the value and enforceability of U.S. patent rights at a time when America’s economic recovery is dependent on the strength of U.S. innovation.”
“We agree wholeheartedly with the senators’ belief that, although the legislation has been greatly improved since its inception, more work is needed before it is brought to the Senate floor,” said Brian Pomper, executive director of the Innovation Alliance. “We are grateful for Senator Brownback’s leadership in bringing attention to this issue. In order for our economy to continue to innovate, provide jobs and generate revenue, the post-grant review process must be designed to prevent delay and abusive challenges.”
The Alliance believes that, in order to prevent these delays and challenges, post-grant review provisions must include the following:
- Strong estoppel language to prevent repeat challenges
- A 12-month deadline to complete post-grant review
- A higher threshold to institute a post-grant challenge
- A presumption that an issued patent is valid
- An extension of the patent term if there is undue delay in the post-grant review process
“These letters, combined with the Obama Administration’s recently released views on post-grant review, makes an extremely strong argument that more work is needed on the current legislation,” added Pomper. “The Innovation Alliance is dedicated to ensuring that any reform to the patent system supports, not stifles, American innovation.”
The Innovation Alliance promotes innovation and entrepreneurship as a central pillar of America’s economic strength, with a focus on the U.S. patent system. The U.S. patent system is the indispensible foundation for continued funding and commercialization of America’s engineering ingenuity, and, in turn, a key element of today’s global business culture. As outlined in the U.S. Constitution, the American patent system is the foundation for innovation and economic strength and therefore any change must be approached with caution and forethought. The Innovation Alliance is committed to improving patent quality while protecting and promoting innovation.
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