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america invents act, IP, Patent

America Invents Act Update: Patent Reform Takes A Partisan Twist

Patent reform continues to stay in the news, as the IPO reports that the House of Representatives could vote on H.R. 1249 as early as June.  The House bill also appears to be significantly more controversial among patent professionals than the Senate bill (S.23), drawing sharp criticism from the likes of Gene Quinn and Hal Wegner.

In addition to the criticism, however, vocal debate over the bill has also ignited a good old-fashioned partisan debate.  Senate Republicans may now be grateful that House leadership has crafted such a drastically different bill, as it means they’ll get a chance to change their votes.  While Democrats, like Chris Coons, have been urging the House to vote on its bill as quickly as possible, a distinct groundswell of opposition has emerged from the Tea Party movement on the Republican side.

One conservative publication said that the pending bill “Puts ‘Global Harmonization’ Above American Innovation,” and sharply criticized Senate conservatives for rubber stamping S.23:

Conservative activists and many Tea Partiers have read every word about Washington’s budget standoff, taxpayer dollars going to abortionists at Planned Parenthood, and Obama’s involving America militarily in Libya’s internal affairs.  But who’s heard a word about “patent reform”?

Though the details of patent law make people’s eyes glaze over, how America awards patents carries serious consequences.

The danger is much closer than you think.  Senate Majority Leader Harry Reid (D.-Nev.)  recently jammed through Sen. Patrick Leahy’s S 23.  Conservatives in the Senate were asleep at the wheel, giving Obama-Leahy-Reid a 95-to-5-vote cakewalk.

In Ohio, Marc Hodges attributed patent reform efforts and, in an ironic twist, accused the liberal democrat of being in bed with big business (I have been away from politics a long time), saying:

ObamaPatent takes the fruits of creativity from the people who do the creating, and gives them to the government’s large corporate allies.

Finally, in a sharply worded critique (titled Death For Innovation), conservative activist Phyllis Shlafly hammers patent reform’s architects for trying to undermine our innovative potential:

Now that the globalists have transferred millions of good American jobs to Asians willing to work for as little as 30 cents an hour with no benefits, all we have left to maintain and restore our economic well-being is our innovation superiority.

Meanwhile, in what appears to be a non-partisan effort, David Boundy has asked fellow patent attorneys to join him in opposing patent reform in a letter posted on several blogs already.  In part, Boundy argues:

The multinationals want to “harmonize” our laws with those unsuccessful systems for their own convenience.  This bill imposes about $1 billion in costs by taking away options that domestic American businesses use, to save a comparatively trivial amount for the Patent Office and a small number of multinational corporations.

Reading the tea leaves, all of this suggests that patent reform is likely to stall out and get nowhere this term, and probably won’t find much traction in an election year either.  But time will tell.



4 thoughts on “America Invents Act Update: Patent Reform Takes A Partisan Twist

  1. > ObamaPatent takes the fruits of creativity from the people who do the creating, and gives them to the government’s large corporate allies.

    “Creativity” is more than thinking brilliant thoughts. Good ideas are common; the ability to execute, to actually make things happen for the benefit of others, is much more rare.

    Posted by D. C. Toedt | May 12, 2011, 9:24 pm
  2. Good ideas are not as common as you think of the 275000 yearly the patent office issues only 100 are marketable.With the present investment attitude and aptitudes making things happen for human advancements is at a standstill due to patent reforms legislative allies corperate I.P. thieves.

    Posted by Michael R. Thomas | May 13, 2011, 11:38 am


  1. Pingback: America Invents Act: Un-American Patent Reform « Gametime IP - May 30, 2011

  2. Pingback: Another Reason To Oppose Patent Reform « Gametime IP - June 7, 2011

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