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