Support for House Patent Reform Proposal Grows

Support for House Patent Reform Proposal Grows

Washington, D.C. – Former Attorney General Michael B. Mukasey today sent a letter to the U.S. Patent and Trademark Office supporting the America Invents Act (H.R. 1249), which modernizes and reforms the patent system.  H.R. 1249 implements a first-inventor-to-file standard for patent approval, creates a post-grant review system to weed out bad patents, and helps the Patent and Trademark Office (PTO) address the backlog of patent applications. Earlier this year, the House Judiciary Committee approved H.R. 1249 with strong bipartisan support by a vote of 32-3.  Similar legislation overwhelmingly passed the Senate by a vote of 95-5.

In his letter, former Attorney General Mukasey outlined the constitutional basis for the first-inventor-to-file provision, saying that the House legislation is “both constitutional and wise.” Mukasey asserted that the proposal is constitutional because it “leaves unchanged the existing requirement that a patent issue only to one who ‘invents or discovers.’”

In a letter yesterday to House Judiciary Committee Chairman Lamar Smith (R-Texas), Secretary of Commerce Gary Locke expressed his support for H.R. 1249, saying “we look forward to working with Congress toward prompt passage of legislation that will enable more timely and quality-focused examination of patent applications, establish a secure funding mechanism for the U.S. Patent and Trademark Office (USPTO), and reduce litigation uncertainties and costs.”

In addition to support from the administration, H.R. 1249 has broad support from industry leaders, academic institutions and independent inventors. 

Below is a list of groups who have written in support of H.R. 1249:
Advanced Micro Devices
American Bankers Association
American Council on Education --- 1600 plus institutions and associates
American Institute of Certified Public Accountants
American Insurance Association
American Intellectual Property Law Association (16,000 members)
Association of American Medical Colleges --- 134 U.S. schools plus 400 teaching hospitals
Association of American Universities --- 61 US Universities
Association of Public and Land-grant Universities – 221 Schools
Biotechnology Industry Organization (more than 1,000 members)
Coalition for 21st Century Patent Reform (48 members, consisting of a diverse industry-range of corporations and trade associations)
Coalition for Patent Fairness – Technology Industry
DuPont
Eli Lilly
The Financial Services Roundtable
General Electric
IBM
Independent Community Bankers of America
Independent Inventors (letter from 100 independent inventors)
The United Inventors Association of America
Microsoft
Pharmaceutical Research & Manufacturers of America (PhRMA)
Procter & Gamble Company
Securities Industry & Financial Markets Association
Small Business & Entrepreneurship (“SBE”) Council – 100,000 members  

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Letter Text PDF: Former Attorney General Michael B. Mukasey letter

List of Supporters for H.R. 1249