Patent Law Reform — Proceed With Caution

Law360, New York (March 9, 2015, 10:22 AM EDT) -- The passage of the America Invents Act in 2011 stimulated renewed interest in how the law of patents should fulfill the constitutional mandate to "promote the progress of … the useful arts" (Article I, Section 8, Clause 8). Recent interest in further patent law "reform" has focused on alleged abuses in the enforcement of patents by so-called "patent trolls," entities (more formally referred to as "nonpracticing entities" or "patent assertion entities") that derive their income from enforcing patents, rather than from practicing the patented inventions. Consequently, a number of bills were introduced in the 113th Congress that purported to address not only the alleged abuses in patent enforcement, but also perceived flaws in the AIA. Only one bill, HR 3309 – Goodlatte, managed to pass in the House; none passed in the Senate. With Congressman Bob Goodlatte, R-Va., returning as House Judiciary Committee chairman and California Republican Darrell Issa (as an inventor and a patent owner, the only congressman or senator with first-hand experience with the patent system) assuming the chair of the Intellectual Property Subcommittee, it is highly likely HR 3309 will be at least a starting point for any patent reform legislation that may be introduced in the current session. Accordingly, an analysis of that bill is appropriate....

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