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Patent Reform

Background:

IPO has long supported reforms to ensure its members have access to cost effective and reliable intellectual property rights. Today, IPO members universally believe that the patent system needs improvement and have urged Congress to enact meaningful patent reform legislation.

Increased usage of the patent system and an under-funded agency have left the USPTO in crisis situation, unable to keep pace with developing technology. Questions about patent quality, long pendency rates (from filing to grant) and increased litigation have made the system less accessible and more costly to use and, as a result, the system is hampering companies and inventors from successfully bringing new, innovative products to market. Funding for the USPTO has increased in recent years allowing the agency to hire new examiners in record numbers (roughly 1200 per year) to begin to address these problems, but legislative changes are also needed.

Legislation introduced in the 108th, 109th, 110th and 111th Congresses have been the subject of numerous hearings in the House and in the Senate (see listing of all House and Senate hearings on this issue). IPO has testified infront of the House (on 4/20/2005) and in front of the Senate (on 6/14/2005 and 3/10/2009). IPO has continued throughout to participate in a number of cross industry discussions (within and outside of IPO) to address various concerns. IPO has taken positions on a number of the individual provisions in the bills supporting a majority of those under discussion. Some of the key positions in the bills (based on 110th Congress legislation) are highlighted here.

In the 111th Congress, IPO continues to urge congressional leaders to move forward legislation as soon as possible. Activities include regular discussions with staff, developing IPO positions in the IPO Committees and at the Board of Directors, and facilitating Capitol Hill Days and other meetings for IPO leadership with Congressional leaders. IPO contininues to advocate for meaningful patent reform that will:

  • Improve the Quality of Issued Patents
  • Reduce Patent Litigation Costs and Risks

Status:

Legislation has be introduced in both the House (H.R. 1260) and Senate (S.515) on 3/04/2009.  Bills contain a mixture of provisions discussed in the House and Senate over the last three Congresses. The Senate Judiciary committee held a hearing on S. 515 on March 10, 2009 at which IPO testified.

IPO expects the House to hold hearings on H.R.1260 within the next few months, however, a schedule has not yet been announced.

The provisions in the two bills include some differences both in substance and in text.  IPO is developing a comparison of the two bills which will be available shortly.

Contact the IPO Office at (202) 507-4500 or info@ipo.org if you have any questions.

Updated: 03/10/2009

Resources:

Although there is currently no formal IPO campaign active on this website, IPO members can help by reaching out to their Members of Congress to emphasize the importance of reforming the patent system. If you have questions about IPO positions or need more information, contact Dana Colarulli, IPO Director of Government Relations at dana@ipo.org or 202/466-2396.