Tech Industry Opposes Senate Patent Reform Bill

BY CCIA Staff
February 28, 2011

CCIA President & CEO Ed Black has written to the Senate opposing S.23, the Patent Reform Act of 2011. The bill has been marked up by the Senate Judiciary Committee and is scheduled for a floor vote this afternoon.

The bill raises a number of concerns for the tech sector. The proposed move to a first-to-file offers no provision for prior users and raises the prospect of a stampede to file patents, which would further increase the 1.2 million application backlog at U.S. Patent and Trademark Office. Although similar to a draft circulated spring, the bill has new section designed to eliminate patents on tax planning, but the Committee has held no hearings on this issue, and it would appear to validate existing tax planning patents as well as other patents on legal compliance.

“We do not believe that the Committee intended this result,” says Black, “but based on the Supreme Court’s decision in Bilski v. Kappos last year, that would be the result.”

The bill also raises concerns in the tech sector about post-grant review, reexamination, inequitable conduct, and venue.  “It is ironic,” Black adds. “The reform process instigated by the tech sector six years has led to legislation that is less desirable than the status quo.  On the whole, it will inhibit the technology sector and impede future reform.  The first-to-file provision will be a goldmine for attorneys and the largest portfolio holders, but the result will burden rather than promote innovation.”

Related Articles

CCIA Welcomes Bipartisan Patent Bill That Would Update PTO Procedures, Promote Fairness In Patent Appeals Process

Jun 16, 2022

Washington – Senators Cornyn, Leahy, and Tillis have introduced the Patent Trial and Appeal Board (PTAB) Reform Act of 2022 today.  Current USPTO guidance allows the PTAB to refuse to examine the validity of challenged patents, even if the patent is clearly invalid. This bi-partisan legislation would ensure that meritorious challenges to the validity of…

Supreme Court Pauses Texas Social Media Law Ahead Of Lower Court Reviewing Constitutional Concerns

May 31, 2022

Washington – The Supreme Court has issued an emergency ruling temporarily blocking HB 20, the Texas social media law, from being enforced while a lower court resolves a preliminary First Amendment challenge to the statute.  The Computer & Communications Industry Association and NetChoice jointly filed an emergency brief Friday, May 13, asking the U.S. Supreme…

CCIA Welcomes Support From Diverse Group of 38 Organizations and Experts in Continued Effort to Halt Unconstitutional Texas Social Media Law

May 18, 2022

Washington – Just five days after the Computer and Communications Industry Association (CCIA) and NetChoice filed an emergency brief asking the Supreme Court to act immediately against an unconstitutional Texas social media law, a diverse group of 38 organizations and individuals filed a series of “friend of the court” briefs in support of the associations’…