A Fresh Look at Patents and Innovation, published in the New York Times, by Senators Leahy and Sessions

November 19, 2009

Re “Inventing a Better Patent System” (Op-Ed, Nov. 17):

Robert C. Pozen stresses the importance of reforming our nation’s patent system. He writes that “Congress shouldn’t make the best the enemy of the good.” We could not agree more.

Innovation and intellectual property-dependent industries drive our economy. This makes all the more troubling the recent Newsweek survey finding that only 41 percent of Americans believe that the United States is staying ahead of China on innovation, and only 32 percent of Americans believe that we are staying ahead of Japan.

We need to create the legal landscape that allows our innovators to flourish in the new economy, and we need to do it now.

Mr. Pozen is correct that Congress should not let the controversial issue of how damages are calculated bog down needed reforms. When the Senate Judiciary Committee approved the Patent Reform Act in April, Senators Dianne Feinstein, Arlen Specter and others helped broker a deal on damages that paved the way for success that will benefit all inventors and innovators.

Mr. Pozen specifically recommends changes to current law “that would improve the processing of patents, reduce lawsuits and speed up the arrival of innovations on the market.” Working together in a bipartisan fashion, we are finalizing language that will accomplish those objectives.

The time is now. We will make this happen, and America will invent its way back to prosperity.

Patrick Leah
Jeff Sessions

Washington, Nov. 19, 2009

The writers are the chairman and ranking member, respectively, of the Senate Judiciary Committee.