Senate inches ahead on patent law overhaul
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Blog: Panel approves slight changes to divisive patent proposal applauded by Silicon Valley firms but leaves key sticking points intact, signaling more political battles lie ahead.
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After a day-long attempt to delay action, the Senate moved forward Sunday with debate on a $136 billion corporate tax cut package.
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Patent reform, security, Internet access and other topics are expected to gain a higher profile next session.
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(InfoWorld) - TheÂ U.S. congressman who chairs a House Judiciary subcommittee says Congress could pass an immigration reform bill by July, including lifting the limit on how many high-tech engineers can come to the U.S. for jobs. Representative Howard Berman, a Democrat from California, made the prediction while speaking at the first ever Tech Industry Summit in San Jose, California. "It could pass both houses by July, go to conference, and be on the president's desk by September," Berman said. Immigration reform deals largely with the 12 million illegal immigrants living and working in the U.S., but another provision of the bill affects technology companies in particular. Tech companies want the limit on H1-B visas raised to 115,000 per year, from 65,000, a limit that has already been reached for 2007. H1-B is the type of visa granted to skilled foreign workers in "specialty occupations," including IT, so that they can work in the U.S. "There is significant urgency on this issue," said Pamela Passman, vice president of global corporate affairs for Microsoft, also speaking at the summit. About half the students enrolled in engineering schools in the U.S. are foreign nationals who have to return to their home countries after earning their degrees, depriving U.S. companies of the chance to hire them,Â  Passman said. Republican President George W. Bush proposed a guest worker program for illegal immigrants, but opposition from within his own party kept the legislation from passing in 2006. Now, with Democrats in control of both houses of Congress and Democrats generally endorsing the guest worker program, passage is more likely, Berman said. Berman is chairman of the Judiciary Subcommittee on Intellectual Property, which will be considering patent reform legislation. Tech companies have long complained about people who buy up patents just to collect license fees, but many small inventors own patents and don't have the means to bring the patented products to market, so they license the patents to others. Reform is also expected to focus on the quality of patents granted. Tech groups have pushed for better funding for the U.S. Patent and Trademark Office and a post-patent review process as a way to challenge patents that may not be deserved. "I think determining validity and infringement could be settled more quickly in a nonfederal court system environment," said Berman. The Tech Policy Summit is expected to draw 300 people to Silicon Valley, including technology industry figures, organizers of technology lobbying groups in Washington, D.C., and lawmakers. Technology companies had not been active in lobbying the federal government 20 years ago but have been forced to get involved as Internet-related issues like privacy protection, cybersecurity, and intellectual property disputes have emerged, said Gary Fazzino, vice president of governmental affairs at Hewlett-Packard.
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The Senate may vote as soon as next week on a bill to reform product safety regulation after months of recalls of shoddy goods, many of them toys made in China, said a key lawmaker and Senate aides on Thursday.
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If reform is the right word Today, some of the biggest names in high-tech have their eyes on the nation's capital, where lawmakers are babbling about an overhaul of the U.S. patent system.â¦
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(InfoWorld) - A group of five Republican senators is seeking a delay in legislation, supported by several large tech vendors, that would overhaul the U.S. patent system. The five, including Senators Chuck Grassley of Iowa and Sam Brownback of Kansas, have asked for more hearings before the Senate Judiciary Committee moves ahead with the Patent Reform Act, which is scheduled to be amended and approved in a Thursday hearing. The five sent a letter Monday to the Judiciary Committee asking for more hearings. "Many prominent American businesses on the cutting edge of innovation are expressing concerns about the impact of sweeping patent reform," said the letter, also signed by Senators Tom Coburn of Oklahoma, Jon Kyl of Arizona and Jeff Sessions of Alabama. "These concerns merit thoughtful deliberation." Many observers have called the Patent Reform Act the most sweeping reform of U.S. patent laws in decades. The bill would make it tougher for inventors to obtain new patents, make it easier to challenge patents, and reduce the legal penalties for patent violations. Microsoft Corp., Cisco Systems Inc. and IBM Corp. have praised the bill, saying it's too easy for the owners of questionable patents to sue tech companies and collect large damages or shut down entire product lines with court injunctions when one small piece of a product allegedly infringes a patent. "This important measure ensures that our patent system continues to foster innovation and economic growth by promoting improvements in patent quality [and] discouraging litigation abuse," Microsoft said in a statement when the bill was introduced. But five Republican senators raised concerns about the bill, echoed by some small tech companies and other members of the Coalition for 21st Century Patent Reform, a group calling for less sweeping changes to the U.S. patent system. The senators questioned the bill's attempt to apportion patent award damages. The bill would limit the damages a patent holder can collect when an infringing technology is part of a larger product, based on the value of the patented technology itself, instead of the value of the larger product. Courts now generally consider the value of the larger product when assessing damages. The senators also questioned the bill's provisions to allow new ways to challenge patents after the U.S. Patent and Trademark Office has granted them. These changes "need to be more carefully examined to ensure that they do not undermine innovation, increase frivolous litigation, or undermine property rights," the letter said. The letter also calls on the committee to look harder at ways to improve patent quality.
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The U.S. House of Representatives hasÂ passed a bill to overhaul the nation's patent system, overcoming objections by many Republicans, small inventors and some labor unions.
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While the House considers new ethics policies, the Senate is eyeing rules affecting judicial nominees.
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Brushing aside opposition from the Left parties and racing against time to fulfill WTO obligations, Government on Sunday issued an ordinance to amend the Patent Act to put in place a patent product regime after January 1, 2005.
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As debate on patent reform began this morning on the floor of the US House of Representatives, twelve amendments made their way through the Rules Committee, all of which appear to be designed to tweak the bill's language rather than insert any "poison pills" that would ensure its failure.
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New legislation would make it harder to obtain a new patent, easier to challenge patents, and less expensive to violate a patent.
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Opponents of legislation that wouldÂ overhaul the U.S. patent system have enlisted new allies who may cause majority Democrats in Congress to rethink their support of the proposals.
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The House of Representatives on Friday passed a bill to overhaul the nation's patent system, overcoming objections by many Republicans, small inventors and some labor unions.
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Key vote expected Friday, but many senators are barred from adding amendments.
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Technology and financial services firms won a key patent reform victory Friday when the House approved legislation the industries have pushed for years by a vote of 220-175.
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The Senate is debating legislation that could lead to the broadest overhaul of immigration law since 1986.