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SENATOR COONS INTRODUCES PATENT LITIGATION BILL
On March 3 U.S. Senator CHRIS COONS (D-Del.) introduced patent litigation reform bill S. 632 that differs substantially from Rep. BOB GOODLATTE’s bill H.R. 9, which was introduced in the House in February. S. 632, the “Support Technology & Research for Our Nation’s Growth Patents Act of 2015” (STRONG Patents Act) focuses on reforms to the USPTO’s Inter Partes Review and Post Grant Review proceedings, empowers the Federal Trade Commission to crack down on abusive patent demand letters, eliminates diversion of USPTO user fees, and creates or expands a handful of programs to assist small businesses.
Among the reforms to post grant proceedings, the bill would change the claim-construction standard used by the Patent Trial and Appeal Board to the standard used in district court litigation. IPO supports this provision. The bill addresses the ability of patent holders to amend claims, petitioners’ burden of proof, standing to file a petition in IPR and PGR proceedings, discovery of real party in interest, the ability of a patent-holder to present evidence at the initiation of a proceeding, and coordination of post grant proceedings with other USPTO proceedings.
S. 632 incorporates the 2014 bill sponsored by former House Energy & Commerce subcommittee chairman LEE TERRY (R-Neb.) to address abusive patent demand letters. S.632 eliminates fee diversion through the establishment of a new USPTO revolving fund in the U.S. Treasury. IPO has long supported legislation to permanently end fee diversion.
For the text of S. 632, click here.
