Patent Reform

We urge Congress to enact patent reform legislation to 1) improve enforcement, and 2) enhance quality.

RESTORE BALANCE AND FAIRNESS IN ENFORCEMENT

Congress should focus on four key areas where changes are needed to improve enforcement:

  1. Clarify that a patentee is entitled to claim damages only on the proportion of the allegedly infringing product attributable to the patent.  Damages claims should not include  all the other non-related features and elements that may be also included within a multi-faceted product or system;

  2. Recalibrate the standard for an award of punitive damages for willful infringement to address only truly reprehensible conduct  thereby encouraging research and innovation;

  3. Ensure venue standards preclude “gaming the system” through forum-shopping and lawsuits should be resolved in a forum that has a reasonable connection to the underlying claim. and

  4. Repeal section 271(f) of the existing patent statute to avoid discouraging research and development work done inside the United States.

 

ENHANCE QUALITY

Strong patent quality promotes confidence in the patent system, fosters competition and spurs innovation.  A questionable patent causes competitors to forego research and development, fearful of the risks that may be involved.   

Congress should focus on four key areas that will promote the issuance of higher quality patents:

  1. Enhance post-issuance processes to provide a second chance for the PTO to apply its expertise to intercept bad patents;

  2. Curtail abusive continuation practices that permit applicants to amend their patent applications which  lead to endless chains of patents with ever-broader claims;

  3. Increase the ability to consider prior art, and develop better processes for building a contemporaneous record that reflects the extent of the examination by the patent examiner; and

  4. Provide adequate PTO training and funding.