Patent Law Weblog

recent posts

about

House Leadership Says It Lacked “Adequate Input” on Senate Patent Reform Bill

    By
Donald Zuhn —

Senate Seal Last
Thursday, Senate Judiciary Committee Chairman Patrick Leahy (D-VT) informed
those watching the Committee's Executive Business Meeting that the Committee
had reached a "tentative agreement in principle" regarding patent
reform legislation (see "Chairman
Leahy Announces "Tentative Agreement in Principle" on Patent Reform
Bill").  Chairman Leahy noted that the Committee
would release details regarding the bill "in the coming days" and after
consultation with House legislators. 
He also mentioned that he had been meeting with members of the House
majority and minority leadership to discuss the Senate bill in an effort to
prevent the legislation from becoming a "partisan issue."

On
Friday, House Judiciary Committee Chairman John Conyers, Jr. (D-MI), Committee
Ranking Minority Member Lamar Smith (R-TX), and Representative (and House Judiciary Committee
member) Howard Berman (D-CA) responded to Chairman Leahy's announcement by
issuing a short statement
of their own.  The statements
reads:

We appreciate the Senate's most recent
efforts to craft its compromise on patent reform legislation, but those efforts
have thus far proceeded without adequate input from House members.  Now that we know the substance of the
Senate's draft compromise, House members are in the process of reviewing the
proposal in order to arrive at a bill a majority of both chambers can
support.  We look forward to
negotiations with the Senate in the hope of achieving such a bill.

House of Representatives Seal Interestingly,
the statement was released on the Republicans' separate House Committee on the
Judiciary website,
despite being issued by two Democrats and one Republican.  Also of interest is Rep. Berman's
decision to sign onto the statement, particularly in view of the fact that he
sponsored H.R. 1908,
the patent reform bill passed by the House in September 2007 (Chairman Conyers
and Rep. Smith were two of the bill's 23 co-sponsors).  H.R. 1908 contained a number of
controversial provisions, including a damages provision that would have limited
available damages (where actual damages are not established) to a reasonable
royalty depending on the "economic value properly attributable to the
patent's specific contribution over the prior art," a provision that would
have authorized the USPTO to require information from applicants including
search reports and other information relating to patentability searches; and a
provision that would have given the USPTO substantive rulemaking authority (see 'Patent "Reform' Bill Passes
House of Representatives").

In
view of the response from Chairman Conyers, Rep. Smith, and Rep. Berman, it may take more than the few days Chairman Leahy believed he would need to secure the support of
House leadership for his new patent reform bill.

Posted in

2 responses to “House Leadership Says It Lacked “Adequate Input” on Senate Patent Reform Bill”

  1. Ronald J Riley Avatar
    Ronald J Riley

    Their compromise is one made between the big transnational corporations, you know the ones who constantly ship jobs and America’s collective intellectual capital out of America.
    Over thirty percent of issued patents to domestic entities are to independent, academic and small business inventors. Those small businesses account for most job creation.
    Patent Deform is a tool created by and for big business interests. It is “designed to allow the little people to get patents but to make it so costly to hold onto them that the little people are driven into bankruptcy the minute one of the big guys wants to take the invention.
    Patent Deform is promoted by the “Coalition for Patent Piracy and Fairness” and by the “Coalition for 21st Century Patent Deform and HARMonization”. Both groups want get out of jail free passes” for patent infringement and collectively are generally refered to as the “Piracy Coalition”.
    Patent Deform is class warfare designed to keep all the little people in line. It will disadvantage minorities more than others.
    It is important to understand that banking and insurance interests are big players in the Piracy Coalition. I am sure readers now understand how greedy and immoral banking and insurance companies are, but you probably did not know that the large tech companies who partnered with banking and insurance to promote Patent Deform are just as bad.
    Think about the implications of allowing the same companies who are shipping massive numbers of American jobs overseas having free reign to take any invention and do the same. Isn’t it bad enough that they taking traditional jobs without having them destroy invention based new job creation?
    The two Piracy Coalitions who are pushing Patent Deform are anti competitive. They hate having inventors disrupting their “profit without responsibility” agenda.
    America has had all it can take of of free and irresponsible trade which is cover for invention and patent pirating transnationals to profit from selling out our collective intellectual capital and American ingenuity for their short term profit.
    Have you seen half or more of your savings evaporate, seen your house value plummet, lost you house, your job, your health insurance or worse? All of us are suffering and far too many have been wiped out.
    So while the people’s assets have been rifled the banks are posting record profits driven by fees, and those fees are derived from another massive fraud on the people.
    America is in decline because of the misdeeds of banking, insurance and transnational tech companies. It is time to hold them and their legislative stooges accountable because if we don’t they will impoverish all of us.
    It is time to start kicking legislative tail. America’s inventors, that means real inventors (not so called innovators) are going to be taking legislative scalps and we want the public to join our efforts. The gloves are coming off.
    We invite all, especially the unemployed to turn lemons into lemonade by working with us to send a clear message to Washington, a message where many in Washington have their disreputable tails kicked out.
    Ronald J. Riley,
    I am speaking only on my own behalf.
    Affiliations:
    President – http://www.PIAUSA.org – RJR at PIAUSA.org
    Executive Director – http://www.InventorEd.org – RJR at InvEd.org
    Senior Fellow – http://www.PatentPolicy.org
    President – Alliance for American Innovation
    Caretaker of Intellectual Property Creators on behalf of deceased founder Paul Heckel
    Washington, DC
    Direct (810) 597-0194 / (202) 318-1595 – 9 am to 8 pm EST.

    Like

    Reply
  2. 6 Avatar
    6

    “and we want the public to join our efforts.”
    On behalf of the public: “we decline”.

    Like

    Reply

Leave a reply to 6 Cancel reply