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May 15, 2007

Urging A Rethink

A group of 111, the Innovation Alliance, oriented towards biotechnology companies, but representing a variety of viewpoints, voices concern to Congress that significant portions of the Patent Reform Act of 2007 are wrong-headed.

[W]e strongly believe that certain provisions, such as those dealing with apportionment of monetary damages for patent infringement, expansive PTO rule making authority, an open-ended post grant opposition system, and a narrow grace period will not strengthen our patent system but instead will fundamentally undermine patent certainty, discourage investment in innovative technologies, and reduce publication and collaborative activities among academic scientists.

For companies (directly, and as university licensees) in industries such as ours, the consequences – greater bureaucracy, inability to rely on valid patents, weakened protections against infringement and a decreased access to capital -- would be devastating. The harm to investment in tomorrow’s technologies would be felt immediately, and would hurt U.S. competitiveness for years to come. As the U.S. presses for strong patent protections abroad, Congress should preserve strong protections at home, so that we retain our competitive edge in the global economy.

A shame they didn't bother pointing out the consequences of SCOTUS KSR, letting hindsight run amok in applying obviousness to invalidate patents.

Posted by Patent Hawk at May 15, 2007 5:00 PM | The Patent System

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