Posts Tagged: "Congress"

The IP Law Problem with California’s New Right to Repair Act

California is poised to become the third state to enact a right to repair law aimed at making it easier for independent repair shops and consumers to repair electronic devices. This might sound well and good—until you think about what it actually means for IP owners. While repair advocates may not care about, or even acknowledge, the IP side of the equation, the not-so-hidden truth of the right to repair movement is that it expands repair opportunities for consumers by taking away the rights of copyright and patent owners. Indeed, the foundational premise of the repair movement is that there is something inherently wrong when an IP owner exercises its right to exclude and imposes a repair restriction. Of course, this lopsided view elevates access over incentives, and it ignores how IP law itself promotes the public good by rewarding creators and innovators for their individual efforts. But, more importantly, it’s not up to the states to second-guess Congress’s judgment.

This Week in Washington IP: Hispanic-American Contributions to the U.S. Innovation System, Intelligence Strategies in Space, and Expanding Your Market into Mexico Through IP

This week in Washington IP news, Congress is wrapping up a district work period, but there are still a handful of interesting IP-related events. The U.S. Patent and Trademark Office (USPTO) recognizes the contributions of Hispanic Americans to the U.S. economy and innovation system. Elsewhere, the Brookings Institution compares and discusses the competing visions of the United States, the European Union, and China regarding international norms. The Center for Strategic & International Studies (CSIS) meets with members of the U.S. Space Force and U.S. Space Command to talk through the threats posed to U.S. space interests.

Solving the Section 101 Conundrum: Examining Stakeholder Workarounds vs. Legislative Reforms

Judicial rulings have muddied the waters of patent eligibility, with judges themselves expressing uncertainty. In the case, Am. Axle & Mfg., Inc. v. Neapco Holdings LLC, U.S. Court of Appeals for the Federal Circuit judge Kimberly Moore openly shared the challenge of applying Section 101 consistently, explaining that “the majority’s blended 101/112 analysis expands § 101, converts factual issues into legal ones and is certain to cause confusion for future cases.” This haze has driven innovators to tread cautiously, often sidelining potential patents for fear of 101 rejections—stifling the American dream of groundbreaking innovation. Stakeholders craft tactics to dodge these pitfalls while lawmakers propose reforms.

What the Patent Eligibility Restoration Act Means for Artificial Intelligence Inventions

PERA is no doubt an ambitious bill. In terms of its design, the proposed legislation attempts to deal with each of the Supreme Court’s decisions in Alice, Mayo and Myriad, plus all of their progeny applications thereafter engendered by the Federal Circuit, the Patent Trial and Appeal Board (PTAB), all the way down to the U.S. Patent and Trademark Office (USPTO) examining corp. In a nutshell, the bill, if passed, would return us to a time when Bilski was the law of the land, which will no doubt be welcomed by many innovators.

IP VIPS Send Letter to Congress Countering Calls for Government Price Controls on Drugs

Twenty-five intellectual property luminaries sent a letter today to several members of Congress asking them to beware of misleading and inaccurate assertions by “activists and academics” that government price controls on drugs will lead to lower costs for consumers. The letter was sent to Senators Bernie Sanders (I-VT) and Bill Cassidy (R-LA), Chairman and Ranking Member, respectively, of the Senate Committee on Health, Education, Labor & Pensions; and Representatives Jason Smith (R-MO) and Richard Neal (D-MA), Chairman and Ranking Member, respectively, of the House Committee on Ways and Means.

Vidal Stresses Importance of Transparency and Integrity in Agency Decision-Making on Final Day of IPWatchdog LIVE

Clarity, transparency and integrity were themes consistently referenced by U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal during a lunchtime fireside chat with IPWatchdog Founder and CEO Gene Quinn on Day 3 of IPWatchdog LIVE 2023. Throughout the discussion, which ran the gamut from the agency’s current rulemaking to potential issues with emerging technologies, Director Vidal strongly encouraged public participation from stakeholders to improve the functioning of the nation’s patent and trademark-granting agency.

LIVE Panelists Predict Little Hope for Major Change from PTAB Rulemaking and Legislation

The general consensus of attendees at a panel held during IPWatchdog LIVE 2023, day two, is that the Patent Trial and Appeal Board (PTAB) will never be eliminated. Open questions remain, however, on the effectiveness of PTAB reforms recently proposed by the U.S. Patent and Trademark Office (USPTO). Those rule changes, and similar legislative efforts in Congress, were the subject of “Dissecting PTAB Rulemaking & Legislation: Will it Make Things Any Better?”

House Judiciary Chief IP Counsel Tells IPWatchdog LIVE Attendees Eligibility Companion Bill to Be Introduced Soon

On day two of IPWatchdog LIVE, J. John Lee, Chief Counsel for Intellectual Property for the U.S. House of Representatives, Committee on the Judiciary, told those who are skeptical of the chances for Senators’ Tillis and Coons’ Patent Eligibility Restoration Act (PERA) to move forward that a House version of the bill is likely to be introduced in the near future. Lee, who is principal advisor on IP issues and helms the Subcommittee on Courts, Intellectual Property, and the Internet, was speaking on a panel titled “Politics, Policy and Legislation at the Intersection of Intellectual Property,” which also featured David Jones of the High-Tech Inventors Alliance; Joe Matal of Haynes Boone, LLP and former U.S. Patent and Trademark Office (USPTO) Acting Director and Acting Solicitor; and Eli Mazour of Harrity & Harrity.

This Week in Washington IP: One Year Review of the CHIPS Act, Pandemic Preparedness and Patents, and IP Standards Public Listening Session

This week in Washington IP news, the House IP Subcommittee evaluates IP competition with China, and the House Space Committee reviews one year of the CHIPS and Science Act. Elsewhere, the 78th UN General Assembly holds a high-level meeting on pandemic preparedness and vaccine patents.

This Week in Washington IP: Registering Trademarks in Mexico, Getting a Handle on Drug Prices, and Congress Talks AI

This week in Washington IP news, Congress holds a trio of hearings on artificial intelligence (AI) covering a variety of angles, from transparency to how the government is implementing the technology. Elsewhere, the U.S. Patent and Trademark Office (USPTO) hosts an event about registering and enforcing trademarks in Mexico, and the American Enterprise Institute looks at balancing drug pricing and innovation.

Understanding the Differences Between the USPTO’s ANPRM and the PREVAIL Act

The regulatory framework for the inter partes review (IPR) process has long been the subject of criticism from both patent owners and petitioners. There is a growing consensus that the existing rules need to be revised to address loopholes and unintended consequences that have developed over the 10 years the America Invents Act (AIA) has been in effect. To that end, both the U.S. Patent and Trademark Office (USPTO) and Congress have proposed changes in the regulatory framework. While the two disparate approaches seek to change the IPR playing field, their purpose and approach are significantly different. This article discusses those similarities and differences.

Passing PERA Assures Patent Eligibility for All Useful Inventions

Confusion and misunderstanding among some independent inventors might slow or stall progress of the excellent eligibility reform bill recently introduced by Senators Chris Coons (D-DE) and Thom Tillis (R-NC). Titled the Patent Eligibility Restoration Act (PERA), the legislation would overturn Supreme Court and Federal Circuit decisions that scrambled settled law, excluding many worthy classes of inventions, such as medical diagnostic methods and advanced computer applications.

This Week in Washington IP: How States Can Benefit from the CHIPS Act, The Department of Energy’s Role in AI, and Women Entrepreneurship in the IP Field

This week in Washington IP news, Congress is returning from its summer recess and the Senate is holding several hearings its first week back, including the Senate Energy Committee which turns its focus to artificial intelligence. Elsewhere, CSIS will discuss defense technology acquisition, and ITIF meets with state government representatives to look at how states can help the CHIPS Act succeed.

How the American IDEA Act Will Help Small Business

Intellectual property (IP) theft has severe consequences for U.S. business, and many companies—particularly small businesses—can feel overwhelmed at the seemingly insurmountable task of stopping IP theft that occurs overseas. Introduced by Senators Tammy Baldwin (D-WI) and John Cornyn (R-TX) earlier this summer, the American IP Defense and Enforcement Advancement Act, or the “American IDEA Act,” promises to protect U.S. businesses against international IP theft. It is not to be confused with the Inventor Diversity for Economic Advancement (IDEA) Act, which aims to improve demographic data-gathering efforts at the U.S. Patent and Trademark Office (USPTO).

U.S. Copyright Office Issues Notice of Inquiry on Wide Range of Copyright Issues in Generative AI Systems

On August 30, the U.S. Copyright Office issued a notice of inquiry in the Federal Register seeking public comment on a range of issues related to the intersection of copyright law and artificial intelligence (AI). The recent notice is the latest action by the Office on the myriad of copyright issues that have been arising around the use of generative AI platforms including infringement liability for training AI systems on copyrighted content and human authorship requirements.

Varsity Sponsors

IPWatchdog Events

Patent Portfolio Management Masters™ 2024
June 24 @ 1:00 pm - June 26 @ 2:00 pm EDT
Webinar – Sponsored by LexisNexis
August 22 @ 12:00 pm - 1:00 pm EDT
Women’s IP Forum
August 26 @ 11:00 am - August 27 @ 5:00 pm EDT
IP Solutions, Services & Platforms Expo
September 9 @ 1:00 pm - September 10 @ 2:00 pm EDT
Webinar – Sponsored by Anaqua
September 19 @ 12:00 pm - 1:00 pm EDT

From IPWatchdog