Today, Senators Leahy and Cornyn introduced the bipartisan “Restoring the America Invents Act,” which drew praise from the Software and Information Industry Association (SIIA).
Ten years ago, the America Invents Act received widespread bipartisan support when it passed Congress because it created a less expensive way of determining a patent’s quality without the expense of litigation. When Congress passed that law, it intended that anyone sued under a patent (that was likely to be invalid) could challenge the quality of that patent without the prohibitive costs of getting a court decision.
During the last administration, the U.S. Patent and Trademark Office received widespread criticism for adopting an administrative rule denying requests for agency review if a judicial proceeding were pending.
“SIIA, along with the retail, restaurant and many other industries, strongly supported the AIA’s passage,” said Chris Mohr, SIIA’s VP for Intellectual Policy and General Counsel. “The PTO’s past practice of refusing to review patents that it knows are reasonably likely to be invalid is a clear violation of what the AIA was intended to do.”
“We believe this bill goes a long way towards both restoring the intent of the AIA and bringing increased transparency to the patent system by insulating administrative patent decisions from political interference. We support this needed new legislation, and look forward to working with Senators Leahy, Cornyn and other members of Congress as the process unfolds.”
For more than 50 years, SIIA has united the information industries. Today, SIIA’s umbrella organization connects more than 450 diverse members who manage the global financial markets, develop software that solves today’s challenges through technology and provide critical information that help inform global businesses of all sizes. As the only professional organization representing Ed Tech, SIIA’s members bridge the gap educating students and the workforce driving innovation and growth.