Obama Administration Backs Proposed Changes To Patent System
06 Octubre 2009 - 12:02PM
Noticias Dow Jones
President Barack Obama's administration supports major changes
proposed in a landmark patent bill, including a roughly 15% fee
hike, U.S. Patent and Trademark Office Director David Kappos said
Tuesday.
"While a compromise, it clearly moves the ball forward," Kappos
said of the bill, which if approved would bring the first major
changes to the patent process in 50 years. On Monday, Commerce
Secretary Gary Locke wrote a letter to the Senate Judiciary
Committee expressing support for the Senate legislation.
The bill, introduced by Sen. Patrick Leahy, D-Vt., pushes to
harmonize the U.S. patent process with international standards and
grants the patent office more authority to make rules and increase
fees.
Kappos said he anticipated raising patent fees by 15% as an
interim measure to help the patent office manage its $200 million
revenue shortfall.
"As someone who until recently was on the other end of paying
those fees, I fully understand what this means," said Kappos, who
formerly was the head of intellectual property at International
Business Machines Corp. (IBM). "It's a significant ask on the part
of the intellectual property community."
To help reduce the growing number of patent lawsuits, the bill
includes a "gatekeeper" provision that permits challengers to try
to claim damages in court only if they have substantial
evidence.
Forged as a compromise by the Senate Judiciary Committee, the
provision lays out a fair process for contesting patent rights,
said Gary Griswold, chairman of the Coalition for 21st Century
Patent Reform, which represents manufacturers and researchers
including 3M Co. (MMM), Caterpillar Inc. (CAT), General Electric
Co. (GE) and Eli Lilly & Co. (LLY).
"It doesn't allow either party to come in with some damage
theory without substantial evidence," Griswold said.
The administration opposes one major piece of the bill that
would require patent examinations to be performed in the U.S.,
Kappos said.
"It really ties our hands," he said, noting that an estimated
half of the office's workload comes from overseas applicants. The
patent office needs to be able to work with foreign patent offices
if it wants to make headway in reducing its backlog, he said. At
the end of the 2008 fiscal year, the patent office had yet to
review more than 770,000 applications.
- By Kristina Peterson, Dow Jones Newswires; 202-862-6619;
kristina.peterson@dowjones.com