A new bill, introduced by Sens. Coons, Tillis, Hirono, and Cassidy, would give Customs and Border Protection (CBP) officers the authority to seize goods at the border if they involve design patent violations. Customs already has this authority for goods that violate copyrights or trademarks. But design patents work differently. Trying to use the same…
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.
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…
This week marks the start of three separate hearings on a fundamentally flawed draft § 101 bill. Fortunately, it’s only a draft bill, and there’s still time for it to be modified to make it less harmful. Unfortunately, based on the announced witness list for the first hearing, that might not happen.
Today, staff from Senators Tillis and Coons will sit in a room with a group of stakeholders—primarily patent lawyers and lawyers from the pharmaceutical industry—and discuss their recently released draft for a § 101 bill. That draft bill reflects little of the careful input that has been provided to the Senators over the course of the…
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…
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…
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…
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…
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…
