Friday, February 10, 2012

Administration Backs Senate Patent Compromise

April 21, 2010

The Obama administration is supporting a compromise on patent overhaul legislation unveiled last month by Senate Judiciary Committee leaders, CongressDaily reported. In a letter Tuesday to Judiciary Chairman Patrick Leahy, D-Vt., and ranking member Jeff Sessions, R-Ala., Commerce Secretary Gary Locke said the compromise "improves the reported bill and incorporates critical elements of patent reform."

Senate Judiciary members approved the panel's version of patent overhaul legislation last year. The Leahy-Sessions compromise, expected to be offered as a manager's amendment on the Senate floor, has helped attract a broad range of supporters, including labor groups, some information technology firms, biotech companies and pharmaceutical manufacturers.

However, a coalition of large IT companies known as the Coalition for Patent Fairness, which includes firms such as Apple, Intel and Google, said it opposes some of the changes in the compromise -- concerns that have been echoed by key members of the House Judiciary Committee. These House lawmakers have been working with Leahy and Sessions to address their concerns.

Locke said he was pleased with provisions included in the compromise to allow the PTO to adjust patent and trademark fees as needed and with post-grant review procedures for "reviewing questions about patent validity that will serve as a faster, lower-cost alternative to litigation."

Leahy urged Senate leaders in a statement Wednesday "to schedule floor time soon for this important job-creating legislation."

A new paper released Tuesday by the Patent and Trademark Office claims the patent overhaul legislation will help spur innovation and economic growth. "By enhancing the ability of America's innovators to secure high-quality patents with greater speed and certainty, this legislation will speed the delivery of innovative goods and services to market and fuel economic growth and job creation," PTO Director David Kappos said in a speech Tuesday.

The paper notes that 76 percent of startup managers say venture capital investors consider patents when deciding whether to provide funding and it also points to reports that argue that the backlog in approving patent applications could cost the U.S. economy billions in "forgone innovation."

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Juliana Gruenwald

Tech Writer

E-Mail: jgruenwald@nationaljournal.com.


Juliana Gruenwald has been covering tech and telecom issues for more than a decade for National Journal, Interactive Week, BNA and Congressional Quarterly. This is her second stint with National Journal. She was recruited by NJ in 1998 to help launch its first tech policy publication, Technology Daily. She left in 2000 to cover international tech and telecom issues for Ziff Davis Media's Interactive Week magazine. She started her career at United Press International as the wire service's first Helen Thomas Intern. She has a Bachelor of Arts degree from the University of Minnesota. A Minneapolis native, she misses the lakes but not the cold.


Josh Smith

Tech Reporter

E-Mail: joshsmith@nationaljournal.com.


Josh Smith covers technology policy as a staff reporter for National Journal. He previously interned at National Journal Daily, a Senate press office, and the Deseret News in Salt Lake City where he covered the state legislature, courts, and crime. In 2009 he graduated with honors from Southern Utah University after managing an award-winning student newspaper as editor-in-chief. Josh has received state, regional and national awards for his political and policy reporting, including first place in CapitolBeat’s 2009 Best of Statehouse Reporting college competition. A native of drop-dead-gorgeous Utah, Josh lives in Virginia with his wife, Amber.