Intellectual Property Law

Under Secretary of Commerce Dudas to Discuss Patent Reform Tomorrow

By Brian Wm. Higgin

     The following Notice concerning patent reform was posted on the USPTO website today. Clearly, the Bush Administration is concerned about a potential vote on the Senate's version of the Patent Reform Act of 2007 (S.1145), which was placed on the Senate Calendar in late January. In a letter to Sen. Leahy, dated today, Nathaniel Wienecke, Assistant Secretary of Commerce for Legislative and Intergovernmental Affairs, writes:

"The Administration continues to oppose Section 4, "Right of the Inventor to Obtain Damages." Consequently, we continue to oppose S. 1145 - in its entirety - unless Section 4 is significantly revised, as we believe the resulting harm to a reasonably well-functioning U.S. intellectual property system would outweigh all the bill's useful reforms.

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"Downstream litigation costs can be minimized through patent clarity - offered through such early elucidation mechanisms as applicant quality submissions and post-grant procedures. Flexibility in assessing damages ensures that results can be tailored, avoiding a "one-size-fits-all" approach that pleases no one."

     The entire Notice, which involves a media call tomorrow, is after the jump...

"Commerce Under Secretary to Address Bush Administration’s Views on Patent Reform Act of 2007

Washington, D.C. – Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) Jon Dudas will highlight by teleconference on Tuesday, February 5, the Bush Administration’s views letter provided to members of the Senate regarding the Patent Reform Act of 2007 (S. 1145).

WHO Under Secretary of Commerce for Intellectual Property Jon Dudas

WHAT Media availability to discuss Administration’s views on S. 1145

WHEN Tuesday, February 5, 2008 10:30 a.m. ET (call in by 10:25 a.m.)

Reporters should call 800-779-8694 and enter the code #35841 to participate in the call.

Background
The Administration strongly opposes S. 1145 in its current form, but strongly supports passage of balanced patent modernization legislation. Any changes must be carefully considered and balanced to encourage all innovators and business models. The Administration opposes S. 1145 because it does not strike the right balance for all innovators. Unless the provisions limiting inventors’ rights to obtain damages are significantly revised, the Administration believes the resulting harm to the U.S. intellectual property (IP) system would outweigh the bill’s many useful reforms.

The Administration continues to strongly support the passage of patent modernization legislation that improves patent quality and reduces litigation costs. In fact, the Administration agrees with many of the bill’s provisions— and believes that those provisions pertaining to applicant quality submissions are the only ones that serve to maximize quality in the U.S. IP system. The Administration will continue to work with Congress to enact legislation that will promote innovation throughout all sectors of the economy.

To access the letter in its entirety, go [here]. "

Full post as published by Maryland Intellectual Property Law Blog on February 04, 2008 (boomark / email).