Administration Seeks Overhaul of Patent System
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The goal is to improve the quality of patents, which should curb the rising wave of patent disputes and lawsuits, the director of the government's patent office said.
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Legislation would change procedure to challenge patents and assess damages.
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The initiative is evidence that U.S. companies and universities are searching for ways to be less hampered by legal wrangling about who holds the patents to research.
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Congress ought to write a detailed prescription for change in US oversight of drug safety. The public deserves better protection from potentially dangerous new medicines.
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NEW DELHI: The government has met the December 31 deadline for complying with its commitment to the World Trade Organisation (WTO) on patent law by promulgating an ordinance to extend products patents to pharma, food and chemicals.
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High-stakes patent royalties battle enters another round.
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Scientists and consumer groups say current patents are hindering research in a field that holds great medical promise.
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(InfoWorld) - In the wake of a recent landmark Supreme Court ruling, patent reform is bubbling toward a boil on Capitol Hill, where advocates in both parties and both chambers are urging timely action on pending legislation and contending with well-financed interest groups on both sides of the issue. "This is a big fight about winners and losers," said Sen. Tom Coburn, R-Okla., adding that he is not entirely satisfied with the pending Patent Reform Act of 2007, which was introduced in the Senate in April. "The question is how do we strike the balance." The Patent Reform Act legislation would make the requirements for obtaining a new patent more stringent, make it easier for rivals to challenge patents, and reduce the penalties for patent violations. Committee chairman Patrick Leahy of Vermont said that he, Sen. Orrin Hatch, R-Utah, and a number of other colleagues have been working on the nonpartisan bill for several years and that the existing patent system was designed for a bygone era. A decision by the Supreme Court in April in the case of KSR International vs. Teleflex marked a major clarification of the court's thinking about the granting of patents for new inventions and set a higher bar for what qualifies as an original invention. The ruling has already prompted legal wrangling between VoIP vendor Vonage in its ongoing dispute with Verizon over Internet telephony patents, and legal experts say that the ruling was a direct rebuke to lower courts that have tended to favor patent owners over those challenging the legality of patents that have been issued. Despite strong support from Democratic and Republican leaders in both chambers for change in the patent system, however, passage of the bill into law is not assured.Â  IT behemoths, including Cisco, Apple, Dell, HP, Microsoft, and Oracle, have aligned as the Coalition for Patent Fairness to press for the sweeping changes envisioned in the bill. They maintain that reforms are necessary to reduce costly, sometimes frivolous litigation. However, other technology companies, including InterDigital Communications and Qualcomm, have banded together as the Innovation Alliance and joined the biotechnology and manufacturing sectors to limit changes to the system. They argue that the bill would give patent infringers an advantage. The high stakes involved in the patent issue were illustrated June 6 at a hearing of the Senate Committee on the Judiciary, which was briefly delayed as committee aides tried to locate an extra room for the overflowing crowd. "What we're trying to do here is move the process forward," Sen. Orrin Hatch said in an appeal to lobbyists for compromise once the hearing got started. "There are a number of organizations who could stop this bill." The bill's two main sticking points are a provision that would give the public a new opportunity to review patents after they've been granted, and a provision granting the right for an immediate appeal to the Court of Appeals for the Federal Circuit after a district court has made a pre-trial ruling on the framework that will be used to determine infringement (known as a "claim construction"). Large IT companies and the financial industry support the "post-grant review" of patents, which would allow for a reevaluation of suspect patent claims before companies are forced to go through lengthy, costly litigation, John Squires, chief intellectual property counsel at Goldman, Sachs & Co., told the committee. Opponents countered that the proposed post-grant review process would create an essentially limitless opportunity for rivals to challenge patents. "If a patent can be easily challenged at any time under a low standard of proof, (then) patents will have much less value, and investment predicated upon them will inevitably be diminished," Kathryn Biberstein, senior vice president of Alkermes, a biotechnology company, told the committee in her testimony. "This, in turn, will likely result in fewer cures for diseases and other breakthrough biotechnology products." The biotech industry and the Innovation Alliance also oppose the right for an immediate appeal after a claim construction ruling, arguing that it would encourage appeals, further prolonging cases. But advocates, including Palm senior vice president Mary Doyle, said it would reduce the chance of conducting unnecessary trials and cut down litigation costs. The witnesses were eager to raise two other controversial provisions in the legislation, regarding how damages in patent cases are determined and the expansion of the Patent and Trademark Office's authority to make rules. Doyle and Squires, supporting the bill's "mandatory apportionment" of damages provision, told the committee that damages today can be unreasonably high because the calculation is based on the value of an entire product, not just the patented feature at issue. Countering that argument, Biberstein and Bruce Bernstein, chief intellectual property and licensing officer at InterDigital, said that the provision would replace today's market-oriented valuation of inventions with subjective jury findings. Debate on expanding the PTO's rulemaking authority mirrored the rest of the patent debate with representatives from the financial sector and the Coalition for Patent Reform joining forces in support, while witnesses from the biotechnology sector and the Innovation Alliance cautioned against the change. An identical House version of the Patent Reform Act is pending, having recently won approval by the House Judiciary Subcommittee on Intellectual Property. Leahy said he is eager to prepare the legislation for a vote by the Senate Judiciary Committee, but he did not indicate when that vote might occur.ADVERTISEMENTIBM Information On Demand 2006Industrial Industry Leaders, please join us at IBM's premier information management global event, IBM Information On Demand 2006, October 15-20, Anaheim, CA. More IBM business and technical solutions content in one place than ever before! Select from  over 800 sessions. Register today!
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The U.S. needs to overhaul its education system to encourage innovation and focus more federal funding on high-risk research to maintain a competitive edge over other nations, according to a report endorsed by leading U.S. companies and universities.
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It's time for Congress to fix problems with the patent system, Intel's general counsel says.
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Some tech groups are beginning to worry that major IT industry priorities, including patent reform, may lose out to other priorities in the U.S. Congress this year.In the last couple of weeks, large tech companies have renewed their push for patent reform legislation in the U.S. Congress, despite opposition from U.S. President George Bush&#39;s administration and some labor unions.The Computing Technology Industry Association (CompTIA) is concerned that a congressional debate over an economic stimulus package, plus typical election-year gridlock, could hurt the prospects for patent reform and other tech priorities, said Michael Wendy, a spokesman for the trade group.The House of Representatives&#39; economic stimulus package includes tax write-offs for small business purchase of equipment, which could include computers, Wendy said. That&#39;s a good move, but patent reform, a research and development tax credit, H-1B visa reform, and other issues remain undone, he said.&quot;We hope that Congress -- assuming they pass an [economic stimulus] package -- doesn&#39;t just say, &#39;Well, we gave you some favorable tax provisions that will help boost industry activity and have a long-tail effect on the economy, so that should be enough for you guys this session,&#39;&quot; Wendy said last week. &quot;One thing we&#39;re concerned about is that the economic stimulus bill may be seen by Congress as a &#39;get out of jail free&#39; card when it comes to other of our tech policy agenda.&quot;The House in September passed a patent reform bill -- supported by many large tech vendors, but&#160;opposed by several small tech companies&#160;-- but similar legislation has been stalled in the Senate. Large tech vendors, including Microsoft, IBM, and Symantec, have&#160;called for patent reform, saying it&#39;s too easy for companies with no intention of creating products to buy up patents and file multimillion-dollar infringement lawsuits against other companies.On Jan. 22, Senate Majority Leader Harry Reid, a Nevada Democrat, said patent reform was a priority, but it was in a line behind several other bills, including an economic stimulus package and a government surveillance authorization bill. The Senate would turn to patent reform, &quot;time permitting,&quot; he said then.&quot;On patent reform, we must carefully strike the right balance with a bill that promotes rather than blocks innovation from enterprising entrepreneurs,&quot; Reid added.The Senate Judiciary Committee approved its version of the Patent Reform Act on Jan. 24, and the bill is awaiting action in the full Senate.But earlier this week, the U.S. Department of Commerce sent a letter to the Senate Judiciary Committee raising concerns about the bill. The letter, outlining the Bush administration&#39;s views, focused on a section of the bill that would apportion infringement damages in a new way. Currently, courts generally consider the value of the entire product when a small piece of the product infringes a patent; the bill would allow courts to base damages only on the value of the infringing piece.The wide-ranging bill would also allow a new way to challenge patents after they are issued.That provision would &quot;create more problems than it solves,&quot; said the Commerce Department letter, signed by Nathaniel Wienecke, the agency&#39;s assistant secretary for legislative and intergovernmental affairs. &quot;The administration believes that such a dramatic change from current jurisprudence may have the unintended consequence of reducing the rewards of innovation and encouraging patent infringement,&quot; Wienecke wrote.Both sides can still work out their differences, Wienecke added.In addition, 14 labor unions, including the United Steelworkers, the Patent Office Professional Association and the Communications Workers of America, sent a letter to Senators Wednesday, saying they were concerned about the patent bill. &quot;Key parts of the proposed legislation may have the effect of increasing the likelihood of American inventions being stolen by our international competitors and, consequently, inhibiting sorely needed new investment in domestic manufacturing,&quot; the letter said.Still, some representatives of the tech industry say they&#39;re hopeful that patent reform can move forward.Senators, representatives of the Bush administration and other interested parties have been meeting regularly &quot;to find balanced solutions on all the issues,&quot; said Mark Isakowitz, spokesman for the Coalition for Patent Fairness, a group representing several large tech companies. &quot;We respectfully disagree [with the Bush administration] on damages, but we are confident ... we can work through concerns and achieve broad consensus on the bill, which would be a victory for the administration, the Congress and our economy,&quot; he added.
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Mr. WebTV mounts forces More than 430 organizations spanning all fifty US states have fired off a letter urging Senate leaders to oppose a bill that would overhaul the country's patent system. And that includes tech outfits like Qualcomm and AmberWave.â¦
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Proposal would set up peer review of patents via wiki before they are submitted to government examiners.
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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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U.S. technology vendors submitted five patent applications for last Friday's launch of a Web site that allows the public to review proposals before patents are granted. Less than a week later, the public had submitted claims of previous inventions that could invalidate each one.
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Import injunction sought while patent violation case pends
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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¦