Tag Archive for senate

STRONGER Patents—Bad Legislation

Yesterday, the STRONGER Patents Act of 2019 was introduced by Senators Chris Coons and Tom Cotton, along with a House companion bill introduced by Reps. Steve Stivers and Bill Foster.  The bill looks much like the last two times it was introduced [1][2], but there have been a few changes.

What Are We Really Talking About When We Talk About § 101?

After the Senate’s recent § 101 hearings, Senators Tillis and Coons seem to have remained steadfast in their belief that patentable subject matter is a real problem for U.S. innovation.  (It’s not.) But there’s a particular flaw in their belief. In a recent article penned by the two Senators, published in Law360, they state that…

As USPTO Oversight Hearing Approaches, Some Questions On Eligibility

United States Patent and Trademark Office (USPTO) Director Andrei Iancu will testify in front of the Senate Judiciary Committee Subcommittee on Intellectual Property on Wednesday as the sole witness in a USPTO oversight hearing.  The chair of the Subcommittee, Sen. Tillis (R-NC), and the ranking member, Sen. Coons (D-DE), have both expressed an active interest…

Iancu’s First Hearing Answers Questions, Leaves More Open

On Wednesday, April 18, new USPTO Director Andrei Iancu appeared for his first oversight hearing in front of the Senate Judiciary Committee.  The Director was more open with the Committee compared to his confirmation process, leading to some interesting discussions. Algorithms Are Already Patentable A number of questions focused on the issue of patentable subject…

The Patent Examination Process Shouldn’t Be An Oversight

Director Iancu will be appearing for his first oversight hearing tomorrow, Wednesday, April 18.  This follows on his recent speech at the Chamber of Commerce, at which he emphasized two areas of focus: Patent rights should be more predictable and the system should be more stable. When discussing the patent system, dialogue should be more…

Fee-Setting Reauthorization Bill Introduced In Senate

Senator Coons has long been interested in strengthening patents.  While some of his efforts, like the STRONGER Patents Act, would actually harm the U.S.’s innovation economy by strengthening patents at the expense of innovation, his latest bill is different. Last week, Senator Coons (along with Senator Hatch) introduced the Building Innovation Growth through Data for…

Senate Introduces Bill To Prevent Abuse Of Sovereign Immunity

Yesterday Senators Cotton, McCaskill, Toomey, Ernst, and Perdue introduced the Preserving Access to Cost Effective Drugs (PACED) Act, a bill which would help prevent sovereign immunity from being abused to prevent invalid patents from being struck down by the U.S. Patent and Trademark Office. As Patent Progress has previously described, sovereign immunity has been abused…

Dear Director Iancu

So, you’re Andrei Iancu, about to be the newly confirmed Director of the United States Patent and Trademark Office.  What are the first things you put on your agenda? I have some suggestions. Eliminate Contingent Amendments As an initial matter, the PTAB’s practice of allowing contingent amendments needs to end.  Essentially, this allows patent owners…