Intelectual Property Owners Association

Serving the Global Intellectual Property Community

Ending Abusive Patent Litigation

This Congress, several patent bills have been introduced that are directed at abusive patent litigation. The bills contain a number of different proposals, including affirmatively awarding fees and other expenses, in appropriate circumstances, to a prevailing party in patent cases. IPO is monitoring legislation and will continue to advocate for legislation that will lower improve the quality of issued patents, reduce patent litigation costs and risks, and simplify application processing.patentwidget

Bills:

S. 866 — Patent Quality Improvement Act A bill to make improvements to the transitional program for covered business method patents, and for other purposes. (Sen. Schumer, D-NY; introduced 05/06/13; read twice and referred to the Committee on the Judiciary).

S. 1013 — Patent Abuse Reduction Act A bill to amend title 35, United States Code, to add procedural requirements for patent infringement suits. (Sen. Cornyn, R-TX; introduced 05/22/13; read twice and referred to the Committee on Judiciary).

S. 1612 – Patent Litigation Integrity Act A bill to deter abusive patent litigation by targeting the economic incentives that fuel frivolous lawsuits. (Sen. Hatch, R-UT; introduced 10/30/13; read twice and referred to the Committee on Judiciary).

S. 1720 Patent Transparency and Improvements Act A bill to promote transparency in patent ownership and make other improvements to the patent system, and for other purposes. (Sen. Leahy, D-VT; introduced 11/18/2013; read twice and referred to the Committee on Judiciary).

S. 2049 — Transparency in Assertion of Patents Act A bill to curb unfair and deceptive practices during assertion of patents, and for other purposes. (Sen. McCaskill, D-MO; introduced 2/26/2014; read twice and referred to the Committee on Commerce, Science, and Transportation).

H.R. 845 – Saving High-Tech Innovators from Egregious Legal Disputes Act A bill to amend chapter 29 of title 35, United States Code, to provide for the recovery of patent litigation costs, and for other purposes. (Rep. DeFazio, D-OR; introduced 02/27/2013; referred to the Committee on the Judiciary).

H.R. 2024 – End Anonymous Patents Act A bill to amend title 35, United States Code, to require disclosure of ownership and transfers of ownership of patents. (Rep. Deutch, D-FL; introduced 5/16/2013; referred to the Committee on the Judiciary).

H.R. ____ - Abusive Patent Litigation Discussion Draft A bill to amend title 35, United States Code, and the LeahySmith America Invents Act to make improvements and  technical corrections, and for other purposes. (Rep. Goodlatte, R-VA; discussion draft introduced 5/23/2013).

H.R. 2639 – Patent Litigation and Innovation Act A bill to amend title 35, United States Code, to add procedural requirements for patent infringement suits, and for other purposes. (Rep. Jeffries; D-NY; introduced 7/10/2013; referred to the Committee on the Judiciary).

H.R. 2766 – Stopping Offensive Use of Patents Act A bill to make improvements to the transitional program for covered business method patents, and for other purposes. (Rep. Issa; R-CA; introduced 7/22/2013; referred to the Committee on the Judiciary).

H.R. ____ – 2nd Abusive Patent Litigation Discussion Draft A bill to amend title 35, United States Code, and the Leahy-Smith America Invents Act to make improvements and technical corrections, and for other purposes. (Rep. Goodlatte; discussion draft introduced 09/23/2013).

H.R. 3309 – Innovation Act A bill to amend title 35, United States Code, and the Leahy-Smith America Invents Act to make improvements and technical corrections, and for other purposes. (Rep. Goodlatte, R-VA; introduced 10/23/2013; referred to the Committee on the Judiciary; passed by the House of Representatives 12/05/2013).

H.R. 3540 – Demand Letter Transparency Act A bill to amend chapter 26 of title 35, United States Code, to require the disclosure of information related to patent ownership, and for other purposes. (Rep. Polis, D-CO; introduced 11/19/2013; referred to the Committee on Judiciary and the Committee on Energy and Commerce).

Documents:

IPO Comparison Chart of Patent Litigation Bills in the 113th Congress, 02/19/2014
IPO Quick Overview of 113th Congress Patent Litigation Bills, 01/23/2014
HR 3309 as Passed by House and IPO Positions, 12/09/2013
Comparison of H.R. 3309, Manager's Amendment, and IPO Positions, 11/19/2013
Obama Administration Report on Abusive Patent Litigation, 06/04/2013
Obama Administration Statement on Abusive Patent Litigation, 06/04/2013