Second C4IP Congressional Scorecard Finds Pro-Innovation Efforts Lacking Among Most DC Lawmakers

On May 28, intellectual property (IP) policy advocacy group the Council for Innovation Promotion (C4IP) published the second edition of its Congressional Innovation Scorecard, a detailed assessment of Congressional engagement with legislative efforts on IP protections and related policies. Although this year’s edition highlighted a larger number of pro-IP voices in Congress, a majority of U.S. Senators and Representatives are still earning poor grades indicating a lack of engagement with issues that are critical to the future of America’s innovation economy.

Sens. Tillis and Coons, Rep. Moran are Only Politicians Graded ‘A+’ for Innovation

C4IP makes clear near the top of its Congressional scorecard that a member of Congress must be pro-IP to rate highly as pro-innovation. Calling the innovation system “America’s 401(K) — the investment vehicle through which we secure future prosperity,” C4IP notes that the responsibility for nurturing the IP system “falls heavily on the shoulders of Congress.” While placing greater emphasis on legislative actions taken during the recently concluded 118th Congress, the Congressional scorecard also takes into account relevant past activity from the 117th Congress and 116th Congress.

Among the key findings of C4IP’s scorecard is that a clear majority of Congress has only limited interest in advancing pro-IP legislation and policy. More than half of members of Congress received a grade of ‘C’ or lower, with nearly 7% of Congress earning a grade of ‘D’ or lower. This year’s scorecard did indicate some improvement, with the number of pro-IP Senators increasing past 20 in addition to 22 pro-IP Representatives identified.

In particular, C4IP’s Congressional scorecard lauds the efforts of Senators Thom Tillis (R-NC) and Chris Coons (D-DE) in advancing national IP policy in a positive direction through 2024. Both Senators earned a grade of ‘A+’ and were closely followed by three Senators earning ‘A’ grades for their increasingly positive engagement with IP policy: Mazie Hirono (D-HI); Marsha Blackburn (R-TN); and Tom Cotton (R-AR). While noting that Tillis and Coons have demonstrated unmatched positive pro-IP activity, C4IP also gave an ‘A+’ grade to Representative Nathaniel Moran (R-TX) for consistent support of pro-IP activities. Six U.S. Representatives also earned ‘A’ grades including Ben Cline (R-VA), Hank Johnson (D-GA), Kevin Kiley (R-CA), Madeleine Dean (D-PA), Scott Peters (D-CA) and Deborah Ross (D-NC).

States With Higher Percentage of Private R&D Workforce Only Maintain ‘C’ Grades

IP-intensive industries are important to every state, with U.S. Patent and Trademark Office data cited by C4IP showing that such industries account for anywhere from 23% to 37% of the private sector workforce in those states. Despite this clear interest in pro-IP efforts that could bolster their private sectors even more, only two states had average scores of ‘B+’ or above across their entire Congressional delegation: Delaware (‘A’); and Idaho (‘B+’). As C4IP points out, poor scores across the board highlight a clear disconnect between the high economic importance of IP-intensive industries and the importance of pro-IP efforts. Indeed, each of the eight states in which IP-intensive industries employ more than 35% of the private sector workforce only scored a ‘C’ average: California (35.1%); Illinois (35.5%); Massachusetts (35.7%); Michigan (35.3%); New York (35.8%); Utah (37%); Washington (36.7%); and Wisconsin (35.2%).

C4IP’s Congressional scorecard identifies several pieces of pro-IP legislation currently before the Senate and House of Representatives. Among these particularly consequential bills are the Patent Eligibility Restoration Act (PERA), a bill sponsored by Tillis and Coons to address the untenable uncertainties posed by the current state of patent-eligibility law, and the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act, which addresses unpredictability stemming from inter partes review (IPR) proceedings conducted at the Patent Trial and Appeal Board (PTAB). C4IP also advocated for bringing back the presumption of injunctive relief for parties proving infringement through passage of the Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive (RESTORE) Patent Rights Act.

Several bills that would negatively impact IP rights for Americans are also being debated by Congress, C4IP cautioned. The Affordable Prescriptions for Patients Act and similar bills addressing so-called “patent thickets” are premised on anti-IP logic that presumes fewer IP protections will naturally lead to greater consumer access, especially for pharmaceuticals. Such logic is undercut by the realities of the COVID-19 pandemic, C4IP argues, given the unimaginably rapid pace of vaccine development thanks in large part to the collaborative environment created by mutual respect for IP rights covering the vaccine’s building blocks.

Image Source: Deposit Photos
Author: stuartmiles
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