Friday, 6 March 2009

Look before you legislate, says IA

The Innovation Alliance in the United States is pressing on with its campaign to get US legislators to take a look at the state of US patent law as it stands after a recent spate of judicial lawmaking/fine-tuning. Says the IA:
"When patent legislation was first introduced in 2005, advocates argued that the patent system was out of balance. They said too many bad patents were being issued and the remedies for patent infringement were too tough, giving patent speculators too much bargaining power.

Since then, a series of US Supreme Court and Federal Circuit decisions have shifted the balance of power away from patent holders and towards patent users, tightening standards and narrowing patent rights and remedies.

• These judicial decisions have addressed virtually all of the substantive issues that originally prompted calls for patent legislation, including remedies, venue and patentability standards.

• These judicial decisions bring about the most comprehensive package of patent reforms in decades, eliminating the need for sweeping legislative changes.

The Innovation Alliance urges Congress and the Administration to consider carefully the impact of these decisions before rushing to enact patent legislation that may further weaken our knowledge-based economy".
Judicial Patent Reform at Work, an 11-page report, can be read here. A four-page summary can be read here.  PatLit would like to receive comments from any interested readers as to whether the IA's claims are correct.

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