HIGH TECH INVENTORS ALLIANCE

Copyright/Patent/Trademark

I have discussed patent eligibility issues and potential amendments to 35 USC 101. Members of the House and Senate Judiciary Committees have publicly expressed interest in introducing a bill, but no bill has been introduced to date. I have also discussed potential amendments to the inter partes review process (35 USC 311 et seq), including those proposed in last Congress's S.2082 and H.R.3666 (STRONGER Patents Act of 2019). I have also addressed some of the provisions relating to patent litigation contained in these two bills (such as the abrogation of the holding in eBay v. MercExchange). I have discussed discretionary denials of institution by the Patent Trial and Appeals Board (PTAB) and potential remedies for the potential Appointments Clause problem for the PTAB, both of which are addressed in S.2891 (Restoring the America Invents Act). I have also discussed general patent quality issues and the funding of the U.S. Patent and Trademark through fees, which do not relate directly (for now) to any particular bill. I have also discussed the mandatory recordation of patent assignments as addressed in S.2774 (Pride in Patent Ownership Act). Finally, I have discussed efforts to expand innovation and patenting to be more inclusive of persons with diverse backgrounds, including two bills that would authorize the Patent and Trademark Office to collect certain voluntarily-submitted demographic information: H.R.1723 and S.632 (the IDEA Act) and one that would take a variety of other actions to expand American innovation: S.2773 (Unleashing American Innovators Act of 2021). Additionally, I have advocated against H.R.5874 - the Restoring Americas Leadership in Innovation Act of 2021 and in favor of S.4417 - the Patent Trial and Appeal Board Reform Act of 2022.

TargetedSENATE · HOUSE OF REPRESENTATIVES · White House Office · Commerce, Dept of (DOC) · Justice, Dept of (DOJ) · Federal Trade Commission (FTC) · Patent & Trademark Office (PTO)