Photo by Joshua Sukoff on Unsplash

By Michael Messinger

As the 117th Congress and its IP Subcommittees settle in on substance, here are key legislative reforms being advanced by the leading intellectual property owners trade group (IPO):

  1. Legislation to clarify subject matter eligibility and simplify and expand 35 U.S.C. 101.
  2. Filling in gaps in world-wide trade secret protection.
  3. Balancing rules governing PTAB post-grant proceedings
  4. Limiting venue generally based on clearly defined factors.  For Hatch-Waxman and BPCIA matters, expand venue commensurate with personal jurisdiction.
  5. Enhancing anti-counterfeiting measures at customs, borders, and online.
  6. Continued focus on high quality patent examination and grant worldwide.
  7. Resisting compulsory licensing efforts and hold trading partners accountable for trade secret protection.
  8. Reducing pendency backlogs to accommodate shorter product life cycles and timely grants.

Sources

1: Summary post on the Patently-O Blog (March 5, 2021), https://patentlyo.com/patent/2021/03/patent-reforms-owners.html

2: March 4, 2021 Letter by IPO to the Chairs and Ranking Members Senate and House IP Subcommittees: Sen. Patrick Leahy (D), Sen. Thom Tillis (R), Rep. Hank Johnson (D), and Rep. Darrell Issa (R).  https://patentlyo.com/media/2021/03/IPO-to-IP-Subcmte-Leaders_Key-IP-Issues.pdf

3. Joint AIPLA-IPO proposal May 2018 https://www.aipla.org/advocacy/legislative/joint-aipla-ipo-proposal-on-patent-eligibility