Patent Reform
We are in the midst of an unprecedented debate around patent reform with a diversity of stakeholder interests that reflects the growing complexity of the patent system and its effects on business and commerce. The patent system seems to work well for discrete products like drugs where a single patent can provide essential protection for a product. It creates problems for complex, networked technologies, where a product or service may contain thousands of patentable functions and much of the value comes from elements such as design, integration, testing, debugging, and implementation.
CCIA supports the proposed Patent Reform Act as a thoughtful compromise among the many contending interests. We support the FTC recommendations, which address some issues not included in the pending legislation. But we are concerned that there are deeper structural problems that need to be addressed if the system is not to discriminate against IT. The problems are analyzed in our white paper, Patent Reform for a Digital Economy, which also offers long-term recommendations and a set of guiding principles.
- CCIA White Paper: Patent Reform for a Digital Economy
- CCIA Abstract on Real Patent Reform (April 2007)
- Patent Reform Resources
CCIA Supreme Court Amicus Briefs:
- Brief in Support of eBay, eBay v. MercExchange (certiorari stage)
- Brief in Support of eBay, eBay v. MercExchange (merits stage)
- Brief in Support of LabCorp, LabCorp v. Metabolite (merits stage)
- Brief in Support of KSR International, KSR International v. Teleflex (merits stage)
- Brief in Support of Quanta Computer, Quanta Computer v. LG Electronics (merits stage)
CCIA other Amicus Briefs:
CCIA Comments and Filings in the U.S.:
- Letter to Senator Leahy [and others managers of patent reform legislation] re inter-industry study and Institute for Innovation, Economics and Patent Policy
- Letter to Solicitor General in Support of Petition for Certiorari by KSR International
- Comments to USPTO on International Patent Law Harmonization
- Comments to USPTO on Subject Matter Eligibility
- Comments to USPTO on Continuation Practice
- Comments to USPTO 5-Year Strategic Plan
CCIA Comments and Filings in Europe:
- Response to UK Gowers Review on Intellectual Property
- Response to European Community Questionnaire on the Patent System
- Letter to Members of the European Parliament re the proposed European Patent Litigation Agreement (EPLA)
Other materials:
- Brian Kahin, “At the Heart of the Knowledge Economy: Should Patents Be Limited To Technology?,” The Huffington Post, May 6, 2008
- Brian Kahin, "Too Many Patents? How Patent Inflation
Plagues Information Technology," The Huffington Post, February 7,
2008
- Brian Kahin, “Reformers must alter one-size-fits-all patents,” C|NET News, July 18, 2007
- Brian Kahin, "Cyberinfrastructure and Innovation Policy," First Monday, June 2007
- Brian Kahin, "Patents and Diversity in Innovation," Michigan Telecommunications and Technology Law Review, Vol. 13, 2007
- Brian Kahin, "Perspective: How Washington Reinvented Invention," C|NET News, April 5, 2006
- Brian Kahin, "Common and Uncommon Knowledge: Reducing Conflict between Standards and Patent" (September 2007)


