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February 11, 2008
Update on Patent Reform legislation
From Intellectual Property Watch: US Patent Reform Legislation On Bumpy Road To Completion:
The Commerce Department on Monday sent a letter to the Senate outlining the administration’s concern over S 1145, which was introduced by Vermont Democratic Senator Patrick Leahy, approved by the Senate Judiciary Committee and, on 24 January, was placed on the full Senate calendar for consideration, possibly this month.
Claiming that US intellectual property is valued at more than $5 trillion, the administration letter said that “any changes intended to improve our nation’s intellectual property system must be made carefully and thoughtfully.”
“We recognise our patent system in the United States is the envy of the world … but it can be improved,” Jon Dudas, Commerce undersecretary and head of the US Patent and Trademark office, said Tuesday, adding that the administration has argued that innovation and competitiveness must be preserved in any reform bill.
Manufacturing, biotechnology and pharmaceutical industries, as well as venture capitalists, universities and small inventors and businesses are concerned about the measure, Dudas added.
The House of Representatives version of the bill passed that chamber last autumn (IPW, US Policy, 9 September 2008).
The administration opposes Section 4 of the Senate bill, which deals with rights of the inventor to obtain damages for infringement. The Senate Judiciary Committee’s report on the bill notes that royalties have overtaken lost profits as a measure of damages in patent cases. The panel wants to ensure judges and juries on these cases have the legal information needed to properly assess harm to a patent holder and calculate ‘reasonable’ royalties.
The piece goes on to talk about how this damages section has become the target of the opposition. So look for some battles when the bill final comes to the Senate floor. But look of those battles to be focused. That bodes well for a final resolution of the bill.
Posted by Ken Jarboe at February 11, 2008 9:20 AM
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