By Dennis Crouch
I wrote earlier about the pending Innovation Act (H.R. 3309) as proposed by a bipartisan set of Congressional leaders led by Rep. Bob Goodlatte. A host of other patent related bills are also pending in the House and Senate. The following is a rundown of some:
Manufacturing Innovation in America Act of 2013 (H.R. 2605)
Tax deduction carryover for patent development expenditures where profit is made years later.
Patent Abuse Reduction Act of 2013 (S. 1013) (Senators Cornyn and Grassley)
Smaller version of Goodlatte's Innovation Act that would focus on (1) raising pleading requirements (2) limiting discovery costs (especially pre-claim-construction); and (3) awarding attorney fees for the prevailing party.
End Anonymous Patents Act (H.R. 2024)
Requirement that the patent owner regularly update ownership information in the public record, including the "ultimate parent entity."
Patent Litigation and Innovation Act of 2013 (H.R. 2639)
Includes many provisions in parallel to the Goodlatte Innovation Act, but also includes a "sanction for abusive litigation" with mandatory review of each case by the court to ensure that no Rule 11(b) violations occurred.
MODDERN Cures Act of 2013 (H.R. 3091)
Extension of patent term for four to seven years for diagnostic medical tests. The program would be run through the FDA.
PATENT Jobs Act (H.R. 2582)
Proposed elimination of the PTO from the sequestration rules.
STOP Act (H.R. 2766)
Expanding the covered-business-method post-grant-review to also cover non-financial business methods and removal of the sunset provision. This is roughly parallel to the Patent Quality Improvement Act of 2013 (S. 866)
PACES Act (S. 1478) (Senator Cardin)
The Bill would remove certain patent infringement actions from Federal District Courts to the Court of Federal Claims. In particular, the bill focuses on causes of action against the unlicensed use patented inventions in the provision of 9-1-1, enhanced 9-1-1, or other emergency services. The CFC tends to favor the accused infringer both in terms of procedure and remedies available.
PARTS Act (S.780)
Act would prevent design patent owners from using those patents to prevent the use unauthorized spare-parts in the auto industry.
Medical Innovation Prize Fund Act (S. 627) (S. Sanders)
The bill would seemingly end drug patents with the text "no person shall have the right to exclusively manufacture, distribute, sell, or use a drug, a biological product, or a manufacturing process for a drug or biological product in interstate commerce."