Coalition Updates
- On June 1, C4IP Co-Chair Andrei Iancu served as a panelist for The Orrin G. Hatch Foundation’s webinar on “Public Policies Impacting Intellectual Property Rights.”
- On May 31, C4IP Co-Chair David Kappos participated in a session entitled “The Role of Intellectual Property Rights in the Innovation Ecosystem” as part of Duke University, Hudson Institute, and ITIF’s joint roundtable event: The Importance of the Innovation Ecosystem.
- On May 30, C4IP Chief Policy Officer and Counsel Jamie Simpson attended a dinner hosted by Duke University, Hudson Institute, and ITIF in connection with their joint roundtable event: The Importance of the Innovation Ecosystem.
- On May 27, C4IP Board Member Judge Paul Michel (Ret.) published an opinion essay in the Boston Herald outlining the steps that elected officials in Congress and the White House can take to boost U.S. innovation.
- “China — along with the European Union, the United Kingdom, and Japan — have recently strengthened their patent laws. If we want to reclaim the mantle of the world’s tech leader, we will need to follow suit.”
- On May 25, C4IP Co-Chair Andrei Iancu introduced World Intellectual Property Organization (WIPO) Director General Daren Tang at UCLA Technology Development Group’s 5th Annual LA BEST conference, the region’s premiere bioscience summit.
- On May 22, C4IP Co-Chair Andrei Iancu sat down with World Intellectual Property Organization Director General Daren Tang to discuss the current state of the IP landscape. Read more here and watch the full interview here.
- On May 17, C4IP Board Member Judge Paul Michel (Ret.) published a blog about the critical importance of patents in the race to out-innovate China.
- “It’s inadequate investment holding us back in the urgent innovation race with China…To unleash the vast capital resources of venture firms and like sources, what is necessary are strong and reliable patents.”
- During May 16-20, C4IP Co-Chairs David Kappos and Andrei Iancu participated in the 2023 Annual International Trademark Association Meeting. The pair discussed how IP transcends partisanship during a session entitled “Reaching Across the Aisle: Driving Innovation and Promoting Effective IP Rights Together.” Read more here.
- On May 15, C4IP Board Member Judge Paul Michel (Ret.) participated in a panel entitled “Improving and Streamlining Patent Enforcement in America” as part of IPWatchdog’s third annual Patent Litigation Masters Program.
- On May 10, C4IP Executive Director Frank Cullen published an opinion essay in the Orlando Sentinel arguing that lawmakers’ efforts to address Chinese IP theft should be accompanied by reforms that will drive U.S. innovation.
- “A better defense against IP theft is desperately needed. But our leaders shouldn’t delude themselves — cracking down on corporate espionage won’t be enough to check the rise of China. Policymakers also need to actively stimulate American innovation, by making it easier for companies to safeguard their best ideas and products. Only then can we out-compete China.”
- On May 10, C4IP sent a letter to the House Ways and Means Subcommittee on Health regarding its hearing on “policies that will have negative effects on medical innovation and reduce patient access to therapies.”
- “These new medicines would not have been possible if inventors and investors lacked confidence in the reliability of the patent system. Without a predictable period of market exclusivity, the enormous investment required to develop just one new drug could not be justified.”
- On May 8, C4IP Executive Director Frank Cullen joined host Barry Moltz to discuss noncompete agreements and the FTC’s proposed ban on an episode of the Small Business Radio Show. Listen here.
- On May 2, C4IP Co-Chair Andrei Iancu participated in The Center for Intellectual Property Understanding’s (CIPU) Intellectual Property Awareness Summit (IPAS), “Bridges, Not Barricades.” Learn more here.
Government Events Rundown
- USPTO Event, China IP: Quarterly Legislation and Case Law Update: On May 11, the U.S. Patent and Trademark Office hosted an event discussing intellectual property in China, including the latest court decisions and enacted policies. (USPTO, 5/11)
- House Committee on Ways and Means, Subcommittee on Health Hearing: Examining Policies that Inhibit Innovation and Patient Access: On May 10, the House Committee on Ways and Means held a hearing on policy, innovation, and patient access. Multiple IP experts appeared as witnesses, including Stanford Byers Center for Biodesign Director Dr. Joshua Makower, M.D. (House Committee on Ways and Means, 5/10)
- USPTO Event, AI Inventorship Listening Session: On May 8, the U.S. Patent and Trademark Office hosted a public listening session regarding “the current state of AI technologies and inventorship issues that may result from their advancement.” (USPTO, 5/8)
- USTR Releases 2022 Special 301 Report Intellectual Property Protection and Enforcement: On April 27, the USTR released the 2022 Special 301 Report. The report outlines the current state of intellectual property based on extensive research and analysis. Notably, China is listed under “priority watch” for the 18th year in a row. (USTR, 4/27)
Fact Check
Claim: On May 5, Nature published an editorial piece insinuating that the Bayh-Dole Act limits knowledge-sharing and, in turn, prevents the latest medical innovations from reaching in-need patients.
Correction: The Bayh-Dole Act does not impede knowledge-sharing or patient access — quite the opposite. The law encourages collaborative public-private partnerships that are uniquely suited to deliver lifesaving products to people around the world in record time. Without these partnerships, many of today’s therapies and vaccines — including those developed for Covid-19 — would not exist.
Indeed, before the passage of the Bayh-Dole Act, research institutions and universities did not retain ownership over patents on any discoveries that received federal funding. Instead, the government reserved that right, and they did a lackluster job of licensing the patents to private companies with the resources and expertise to turn researchers’ scientific breakthroughs into viable products. As a result, roughly 95% of patented, taxpayer-funded ideas languished on the proverbial shelf.
The Bayh-Dole Act ended this stagnation by allowing research institutions and universities to patent their discoveries and license the rights to partners in the private sector. In doing so, the law has been a tremendous catalyst for innovation. It has helped launch over 11,000 startups and commercialize over 200 medicines and vaccines. Indeed, since its passage, the percentage of new drugs first introduced in the United States has risen from less than 10% to over 60%.
The transformative impact of the Bayh-Dole Act is undeniable. It ushered in an era of unprecedented public-private collaboration, innovation, and access to cutting-edge medical products worldwide, ultimately shaping a better future for patients.
Bottom Line: This claim is false.
What’s Happening in Congress:
As Democratic and Republican members of Congress continue to weigh legislative priorities during the 118th session, top of mind for those who follow intellectual property policy are:
- The Interagency Patent Coordination and Improvement Act of 2023: In January 2023, Senators Dick Durbin (D-IL), Chris Coons (D-DE), Thom Tillis (R-NC), Chuck Grassley (R-IA) introduced the Interagency Patent Coordination and Improvement Act of 2023. The bill would create an interagency task force to share patent filing information and technical assistance between USPTO and FDA officials. IP experts warn that interagency entanglement could weaken the patent system by inserting officials from multiple federal agencies — without patent law expertise — into the examination process. They submit that it is premature to implement such substantial changes without conducting a thorough evidence-based study.
- Patent Eligibility Restoration Act of 2022: In August 2022, Senator Thom Tillis (R-NC) introduced legislation aimed at restoring patent eligibility for important categories of inventions — including life sciences diagnostics, gene therapies, and artificial intelligence — as well as resolving questions regarding the scope of patent eligibility. An updated version of this legislation is expected to be reintroduced in the 118th Congress.
- STRONG and STRONGER Patents Acts: In his keynote speech for the IPOwners Spring Summit, Senator Chris Coons (D-DE) announced his intention to reintroduce his legislation, previously known as the STRONG Patents Act and the STRONGER Patents Act, as two separate bills. One will reinstate a presumption of irreparable harm once patent infringement is shown, and the other will focus on balancing the process for post-grant PTAB proceedings.
Celebrating American Innovation
Inventor Spotlight
This month, C4IP recognizes American engineer and inventor Willis H. Carrier (1876-1950), who transformed climate control by developing and patenting the first modern air conditioner.
Willis H. Carrier was born on November 26, 1876. His parents, Duane Williams Carrier and Elizabeth R. Haviland raised him on their dairy farm near Buffalo, New York. Growing up as an only child, and working on the farm, Willis developed a strong work ethic that would endure throughout his life.
In 1902, one year after graduating from Cornell University with a master’s degree in Electrical Engineering, he designed the world’s first modern air conditioning system. He filed a patent for his invention in 1904. Prior to Willis’ breakthrough, cooling systems were limited to ventilation methods. His “Apparatus for Treating Air” — U.S. Patent #808897 — “created a mechanical means to control both temperature and humidity, as well as the cleanliness and circulation of air.”
Recognizing the enormous potential of his invention, Willis co-founded the Carrier Engineering Corporation in 1915 and opened up offices in New York City, Buffalo, Chicago, Boston, and Philadelphia. By the time of his death in 1950, Willis solidified his legacy as a visionary inventor and entrepreneur. His patented technology laid the scientific foundation for the entire climate control industry. And his company — born from this technology — revolutionized the way people live and work.
Today, Carrier is the “world leader in heating, air conditioning and refrigeration solutions” and provides services to over 200 industries. The company operates 51 factories and 39 research and design centers across the world — employing 53,000 people and serving customers in more than 180 countries.