The America Invents Act of 2011 (AIA) promised patent owners and innovators a pathway to faster, fairer, and cheaper resolution of patent disputes. Unfortunately, loopholes and court decisions have forced patent owners into repetitive litigation, parallel challenges at the courts, and the new administrative proceedings at the Patent and Trademark Office (PTO), without the procedural protections that are due to patents as recognized property rights.
We believe that legislation to reform the patent system is necessary to uphold the promises of the AIA. For instance, we support current efforts in the Senate and House of Representatives to strengthen our patent system by advancing the STRONGER Patents Act (S. 1390/H.R. 5340). The STRONGER Patents Act would make necessary reforms to the patent system by better protecting the property rights of patent owners; strengthening the process for getting rid of bad patents; and reducing abusive and frivolous litigation. A complete summary can be found here.
Some interest groups and members of Congress view the rise in patent litigation as a pretext for radical changes in the patent system. But we believe the solution is to enact focused, prudent changes that address the worst, unaddressed behavior in the system, while also allowing the enforcement agencies to implement current law and attack those bad practices.