Tuesday
Mar032009
Major hurdles remain in patent reform legislation
Senators Leahy (D-Vt.) and Hatch (R-Utah), along with Congressmen Conyers (D-Mich.) and Smith (R-Tex.), today announced the introduction of major patent reform legislation in both chambers of Congress with bipartisan support. The House and Senate Judiciary Committees have been working on patent reform for the last 4 years, and in the last Congress the House was able to pass the legislation, while it stalled in the Senate. The Congressmen today all expressed hope that the legislation would become law this time around, though all admitted there were major issues to be worked out.
Last time the Senate took up the bill, debate deadlocked over how to reform damage calculations and the handling of inequitable conduct, which occurs when a party tries to enforce a patent it obtained without being completely honest with the U.S. Patent and Trademark Office. While these disagreements are large, all parties today expressed hope. Senator Leahy, asked what had changed since the last time the Senate took up the bill, responded that there is "urgency" to get the bill through. The Senators and Congressmen linked the bill to the economic downturn, saying that reforms were important to improving the economy.
The bill as introduced picks up where discussions left off last time. It includes several major changes, including switching the U.S. to a first-to-file system from a first-to-invent system, creating a post-grant opposition system to allow challenges to patents within 12 months after they have been issued, and eliminating the publication of pending patent claims. Further, it streamlines many of the forms and procedures in the patent application process.
Senate Judiciary Chairman Leahy said that hearings on the new bill will begin next week. Because the bill stalled in the Senate last time, the House Judiciary Committee is waiting for Senate action before bringing the bill up for consideration.
Last time the Senate took up the bill, debate deadlocked over how to reform damage calculations and the handling of inequitable conduct, which occurs when a party tries to enforce a patent it obtained without being completely honest with the U.S. Patent and Trademark Office. While these disagreements are large, all parties today expressed hope. Senator Leahy, asked what had changed since the last time the Senate took up the bill, responded that there is "urgency" to get the bill through. The Senators and Congressmen linked the bill to the economic downturn, saying that reforms were important to improving the economy.
The bill as introduced picks up where discussions left off last time. It includes several major changes, including switching the U.S. to a first-to-file system from a first-to-invent system, creating a post-grant opposition system to allow challenges to patents within 12 months after they have been issued, and eliminating the publication of pending patent claims. Further, it streamlines many of the forms and procedures in the patent application process.
Senate Judiciary Chairman Leahy said that hearings on the new bill will begin next week. Because the bill stalled in the Senate last time, the House Judiciary Committee is waiting for Senate action before bringing the bill up for consideration.
Tackling Crime, Drugs and Money Laundering on the Border
At the Senate Judiciary Committee on “Southern Border Violence: Homeland Security Threats, Vulnerabilities and Responsibilities,” Homeland Security Secretary Janet Napolitano said that “incidents of transnational violence are, unfortunately, not a new phenomenon,” when looking at issues relating to the southwest border. She warned, “What is occurring in Mexico now is violence of a level that we have not seen before.”
Asked by Chairman Joseph Lieberman (I-Conn.) whether, as Secretary of Homeland Security, she considered Mexican drug cartel violence a real threat to the homeland security of the United States. Secretary Napolitano agreed with this statement.
In a prepared statement Mr. Ogden said, “The explosion of violence along the Southwest border is being caused by a limited number of large, sophisticated and vicious criminal organizations, not by individual drug traffickers acting in isolation.”
Mr. Ogden added that the Department for Justice aimed to “identify, disrupt and dismantle the Mexican drug cartels,” including “extensive and coordinated intelligence capabilities...prosecuting criminals responsible for the smuggling, kidnapping and violence in federal court.”
In a prepared statement Mr. Steinberg said, “drug related assassinations and kidnapping have reached unprecedented levels.”
Senator John McCain (R-Ariz.) called the current situation of growing violence on the border “a sad state of affairs.”