The statement issued by several leading higher education associations addresses the introduction of the PATENT Act in the U.S. Senate, expressing gratitude to the bill’s sponsors for considering the unique needs of the academic sector during its formulation. The associations commend the PATENT Act as a significant improvement over prior legislation (specifically H.R. 9, the Innovation Act), noting that it adopts a more balanced approach to curbing abusive litigation tactics employed by so-called patent trolls while upholding the integrity and enforceability of the U.S. patent system. The organizations highlight their appreciation for the Act’s non-presumptive fee-shifting standards and mechanisms for discouraging harmful litigation practices, such as the use of shell companies by patent trolls, without adversely impacting universities and responsible patent holders.
Moreover, the statement underscores the essential role universities and academic health centers play as key contributors to innovation, emphasizing the importance of a robust patent system to facilitate technology transfer and the commercialization of research for public benefit. While the associations acknowledge areas for further improvement and anticipate engagement with potential legislative amendments, they reaffirm their commitment to collaborating with lawmakers and stakeholders in pursuit of legislation that effectively deters abusive patent litigation and sustains the innovation ecosystem crucial to economic growth and societal advancement.
COGR and other higher education associations released a statement expressing the view that bipartisan legislation introduced in the Senate, seeking to address abusive litigation practices of patent trolls while protecting the integrity of our patent system, was a substantial improvement over the pending House version (HR 9).