Weekly Policy Blog: Updates on IP Protections
By: Colorado BioScience Association Date: 10/01/2024
CBSA advocates for policies that sustain innovation and create high-wage, high value jobs in life sciences, including strong intellectual property (IP) protections, which are the foundation of technological advancements to change and save lives. Read this week’s policy blog for a roundup of recent IP-related news.
Learn more about patent-related developments from United States Patent and Trademark Office (USPTO) staff, discuss IP portfolio management strategies, and engage with Congressman Joe Neguse’s staff at CBSA’s USPTO Roundtable on October 10.
CBSA continues to follow and engage on several important IP issues in 2024.
- USPTO Final Rule on the Director Review Process: On September 30, the USPTO announced a final rule governing the process for Director Review of proceedings under the Leahy-Smith America Invents Act (AIA) to advance the USPTO’s goal of ensuring fair, transparent, and efficient procedures throughout the Patent Trial and Appeal Board (PTAB).
- Bills: The Senate Judiciary Committee once again canceled its markup, most recently scheduled for September 26, of three bipartisan, bicameral, pro-patent bills supported by BIO and CBSA. Congress has now left town for six weeks, but we expect the markup to occur once Congress returns for the “lame-duck” session. We will continue to track, advocate for, and keep an eye on potential amendments to these bills. Congress has now left town for six weeks, but we expect the markup to occur once Congress returns for the “lame-duck” session. We will continue to track, advocate for, and keep an eye on potential amendments to these bills.
- S. 2220, The Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act: This bill, introduced by Sens. and Mazie Hirono (D-HI), “supports inventors, encourages investments in intellectual property, secures U.S. global technology leadership, and protects economic and national security” by reforming the Patent Trial and Appeal Board (PTAB). Changes to the PTAB would include:
- Requiring standing for PTAB challengers and limiting repeated petitions challenging the same patent;
- Harmonizing PTAB claim construction and burden of proof with federal district court;
- Ending duplicative patent challenges by requiring a party to choose between making its validity challenges before the PTAB or in district court; and
- Increasing transparency by prohibiting the USPTO Director from influencing PTAB panel decisions.
- S. 2140, The Patent Eligibility Restoration Act (PERA): This bill, introduced by Sens. Thom Tillis (R-NC) and Chris Coons (D-DE), “will restore patent eligibility to important inventions across many fields, while also resolving legitimate concerns over the patenting of mere ideas, the mere discovery of what already exists in nature, and social and cultural content that everyone agrees is beyond the scope of the patent system.” The bill would clarify eligibility for novel innovations, including gene therapy.
- S. 4713, The Inventor Diversity for Economic Advancement (IDEA) Act: This bill, introduced by Sens. Mazie Hirono (D-HI), Thom Tillis (R-NC), Dick Durbin (D-IL), Chris Coons (D-DE), Richard Blumenthal (D-CT), Alex Padilla (D-CA), Amy Klobuchar (D-MN), and Chuck Grassley (R-IA), would require the voluntary collection of demographic information for patent inventors, information needed to help us expand the innovation talent pool and compete globally.
- S. 2220, The Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act: This bill, introduced by Sens. and Mazie Hirono (D-HI), “supports inventors, encourages investments in intellectual property, secures U.S. global technology leadership, and protects economic and national security” by reforming the Patent Trial and Appeal Board (PTAB). Changes to the PTAB would include:
- Experimental Use Comment Letter: On September 26, BIO submitted a response to the USPTO’s Federal Register notice seeking comments on the current scope, and codification of, the common law experimental use exception to patent infringement.
If you are interested in getting involved with CBSA’s advocacy efforts, please reach out to CBSA’s Vice President and Counsel for Policy + Advocacy, Amy Goodman.