Lawmakers have been speaking out about the patent troll
epidemic in recent weeks and now it looks like they're ready to do something about it.
Yesterday Senator Chuck Schumer (D-NY) announced
that he is introducing a bill to expand the covered business methods program
established by the 2011 America Invents Act, so that broad, abstract patents
can be invalidated more promptly, telling
TechCrunch “if you have a legitimate case it will go forward in a month.”
Last week, Senate Judiciary Committee Chairman Patrick Leahy
(D-VT) issued
a statement for World IP Day, saying that he intends to propose legislation
to reduce the patent troll problem:
There is more Congress can do to improve the patent system
and address the problem of patent trolling, by increasing transparency and
accountability. I intend to work in a bipartisan and bicameral manner on
legislation that will ensure the real party in interest of a patent is
disclosed, protect unknowing and innocent purchasers of allegedly infringing
products from unwarranted suits, and continue to improve patent quality, and we
will explore other means to make trolling activity unprofitable.
President Barack Obama, in
his February Google Hangout, and House Judiciary Chairman Goodlatte (R-VA),
in
announcing a March hearing, also spoke about the harm patent
trolls inflict on the U.S. economy:
Obama: The folks that you’re talking about are a
classic example; they don’t actually produce anything themselves. They’re
just trying to essentially leverage and hijack somebody else’s idea and see if
they can extort some money out of them.
Goodlatte: Abusive patent litigation and specifically
patent trolls have a significant impact on American competitiveness, costing
our economy billions of dollars each year. Tomorrow’s hearing will allow
us to examine the landmark America Invents Act and determine how best to
further protect American inventions and promote innovation by discouraging
frivolous patent litigation.
Congress needs to address the problems of too many opaque,
low-quality patents being granted, and then being used as weapons in
litigation, particularly by trolls and patent assertion entities who are not
actually making products or selling services. CCIA continues to support
fixes such as the SHIELD
Act, and looks forward to hearing more proposals from the other Congressmen.
The Judiciary Committee has a lot on its plate (as its jurisdiction also
includes immigration and guns), but patent
trolls are clearly harming the economy, and CCIA is encouraged that there
is a growing consensus in the government that it is a problem -- a problem that
they intend to fix.