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House Judiciary Committee’s Patent Reform Bill is in Need of Reform, Says BIO

Fri, 04/15/2011 - 11:21am
Biotechnology Industry Organization

WASHINGTON, D.C. (Friday, April 15, 2011) - Biotechnology Industry Organization (BIO) President and CEO Jim Greenwood released the following statement regarding the America Invents Act, H.R. 1249, which passed the House Committee on the Judiciary yesterday:

 

"BIO has consistently praised House Judiciary Committee Chairman Lamar Smith (R-TX) for his introduction of a comprehensive patent reform bill similar to the bill adopted by the U.S. Senate earlier this month by a nearly unanimous vote.  Unfortunately, given the addition of the Goodlatte supplemental examination amendment, added to the bill during Committee consideration, we have no choice but to oppose floor consideration of the bill until this issue is repaired.

"The supplemental examination provision as passed by the Senate and originally included in the House bill would allow patent holders to seek a review of their issued patents at their own risk.  The Goodlatte amendment undercuts this provision by creating disincentives for patent owners to use the new procedure by having the U.S. Patent and Trademark Office (PTO) act as quasi-investigative body.

"We commend Chairman Smith for all the work he has done to craft a bill, the America Invents Act, which is a clear improvement over prior House versions of patent reform legislation.  BIO was very supportive of Chairman Smith's Manager's Amendment.  We are pleased that the legislation will end, once and for all, the diversion of fees collected by the PTO, allowing the agency to use all of its fees to hire more examiners, reduce the backlog of pending applications, and make other improvements to its operations.  We also commend the inclusion in the bill of many other reforms that will improve the patent system and enhance patent quality, including transition to a "first-to-file" system, the creation of an inter partes review system, and the elimination of other subjective elements of patent law.

 

"Nonetheless, given the importance of adopting a supplemental examination provision much like that which passed the Senate on a bipartisan, 95-5 vote, BIO notes our objection to this bill being considered on the House floor.  We commit to work with Chairman Smith and others to rectify this issue, so that a patent reform bill with broad support can be brought to the floor of the House."

Upcoming BIO Events 

World Congress on Industrial Biotechnology & Bioprocessing

May 8-11, 2011

Toronto, Ontario, Canada

Partnering for Global Health Forum 2011

June 27, 2011

Washington, DC

BIO International Convention

June 27-30, 2011

Washington, DC

2011 BIO Human Resources Conference

June 26-28, 2011

Washington, DC

The Business Forum at the BIO International Convention

June 28-30, 2011

Washington, DC

BIO India International Partnering Conference

September 21-22, 2011

Hyderabad, India

BIO China International Conference

October 12-13, 2011

Shanghai, China

About BIO

BIO represents more than 1,100 biotechnology companies, academic institutions, state biotechnology centers and related organizations across the United States and in more than 30 other nations. BIO members are involved in the research and development of innovative healthcare, agricultural, industrial and environmental biotechnology products. BIO also produces the BIO International Convention, the world's largest gathering of the biotechnology industry, along with industry-leading investor and partnering meetings held around the world. BIO produces BIOtechNOW, an online portal and monthly newsletter chronicling "innovations transforming our world." Subscribe to BIOtechNOW.

For more information: 

Visit http://www.bio.org

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