November was a productive month for C4IP! Here’s a roundup of all that we accomplished over the past month.
November Highlights: Reforming Patent Adjudication With PREVAIL
The Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act remains one of the most important innovation policy priorities under consideration in Congress. The landmark bill would reform the Patent Trial and Appeal Board to eliminate duplicative proceedings — which unfairly benefit corporate giants accused of infringement — and protect inventors’ right to “quiet title” for their patents by requiring parties to raise any arguments against a patent in one petition rather than multiple. These reforms would significantly improve America’s patent system — protecting small businesses from abuses by large firms practicing predatory infringement.
In November, the Senate Judiciary Committee voted to advance the PREVAIL ACT out of committee for consideration in the full Senate — marking a historic milestone for intellectual property rights in the United States. C4IP has strongly advocated for the swift passage of this important legislative reform:
- C4IP issued a statement commending the Senate Judiciary Committee for advancing the PREVAIL Act, applauding the committee’s leaders and the bill’s authors for championing policies that increase America’s innovative potential, and emphasizing why the bill’s critical to protecting small innovators from abusive litigation.
- C4IP’s statement was quoted in Law360 and IPWatchdog’s coverage of the development.
- You can find additional resources on the PREVAIL Act here and below:
Fostering Inventor Diversity Through the IDEA Act
Patent protections have long been a cornerstone of American innovation, but data suggests that there may not be equal awareness of, and opportunities to participate in, the invention economy shared by all Americans. For example, Black Americans are roughly three times less likely to be named on a patent than White Americans, and women, despite representing half of the U.S. population, receive fewer than 13% of patents. The Inventor Diversity for Economic Advancement (IDEA) Act, a bipartisan bill currently under consideration in Congress, aims to address these disparities by generating even more detailed information about participation in the patent system, with the ultimate aim of helping design policies to maximize our nation’s innovative output. The bill would instruct the U.S. Patent and Trademark Office to collect demographic information on a voluntary basis from patent applicants to help policymakers close the demographic gaps in patenting.
In November, the Senate Judiciary Committee voted to advance the IDEA Act out of committee for consideration in the full Senate. C4IP has been active in encouraging the passage of this important bill:
- C4IP issued a statement applauding the Senate Judiciary Committee’s advancement of the IDEA Act, thanking the committee’s leaders for their decisive action, and noting the bill’s importance to America’s future economic competitiveness.
- C4IP’s statement was also quoted in an IPWatchdog article recapping the Senate Judiciary Committee hearing in which members voted to advance the bill.
- You can find additional resources on the IDEA Act below:
Additional Coalition Updates
- On December 3, C4IP issued a statement applauding the USPTO’s decision to withdraw a proposed rule that would have imposed a burdensome new requirement for filing terminal disclaimers.
- On December 3, CSIS hosted a hybrid event on the role of intellectual property in innovation and geopolitical competition. The event featured a discussion with Rep. Nathaniel Moran (R-TX), moderated by C4IP Co-Chair Andrei Iancu.
- On November 20, C4IP was featured in IPWatchdog’s coverage of the USPTO’s final rules package on new patent fees, which will become effective in 2025.
- On November 18, former U.S. Commerce Secretary Gary Locke published an opinion essay in the Minnesota Star-Tribune underlining how PERA and the PREVAIL Act would bolster high-tech innovation across Minnesota.
“[B]ecause of court rulings and policies coming out of Washington, the innovation ecosystem that has contributed so much to the prosperity of this great state is now in danger. Congress needs to step in now to end this threat.”
- On November 16, C4IP Co-Chair and former USPTO Director Andrei Iancu published an opinion essay in The Hill tracing back the series of court decisions that have muddled patent eligibility law and urging Congress to pass PERA to resolve the confusion.
“By reasserting congressional authority over patent eligibility rules, PERA would provide the certainty needed to restart investment and restore U.S. leadership across multiple spheres, from biomedicine to computer science.”
- On November 14, C4IP Executive Director Frank Cullen featured in an episode of the Arizona’s Family “On Your Side” podcast, where he discussed the problem of counterfeit products and how consumers can avoid harm to their health and safety.
- Frank’s interview was featured in an additional story for AZFamily.
- On November 14, C4IP Board Member Judge Paul Michel (ret.) was quoted in IPWatchdog’s article on the Senate Judiciary Committee’s Nov. 14 markup session expressing hope for the future passage of PERA and the PREVAIL Act.
- On November 11, IP policy expert Patrick Kilbride published an opinion essay in IPWatchdog explaining how enacting PERA and PREVAIL would reverse the erosion of constitutionally protected patent rights that has occurred in recent years.
- On November 7, C4IP Executive Director Frank Cullen was quoted in an IAM article discussing potential changes to IP policy in the second Trump administration, in which he expressed C4IP’s desire to work with incoming officials and lawmakers to bolster IP protections.
- On November 7, C4IP co-signed a statement from numerous pro-IP organizations and thought leaders that called on European Union policymakers to strengthen Europe’s system of IP rights and promote investment into innovative industries.
- On November 7, C4IP Chief Policy Officer and Counsel Jamie Simpson spoke at the 11th Annual IP Dealmakers Forum on a panel titled “The Policy Landscape,” discussing post-election patent policy, key legislation like PERA, RESTORE, and PREVAIL, the future of SEPs in the United States, and what lies ahead in litigation funding and disclosure.