C4IP Coalition Updates: June 2024

June was a productive month for C4IP! Here’s a roundup of what our Coalition accomplished over the past month.

June Highlights: Combating Counterfeit Products Online

Weakened IP rights not only put innovators and businesses at risk, they also have dangerous consequences for consumers. This is evidenced by the spread of counterfeit products, which infringe established brands’ trademark rights in order to defraud consumers. These products’ lower standards of quality and safety can be physically harmful to the consumers that purchase them – and the lost sales and reputational damage they cause for legitimate brands inhibit future product development and innovation.

One pending piece of legislation, the SHOP SAFE Act – initially introduced by Senators Chris Coons (D-DE) and Thom Tillis (R-NC) – would help resolve this problem by holding online retail platforms accountable when they facilitate counterfeit sales. This month, the bill was introduced in the House as well, and C4IP has been active in promoting its swift passage:

• C4IP Executive Director Frank Cullen issued a statement celebrating the introduction of the bipartisan SHOP Safe Act in the House of Representatives.
• C4IP also sent a letter to Representatives Darrell Issa (R-CA), Jerry Nadler (D-NY), Ben Cline (R-VA), and Hank Johnson (D-GA) thanking them for their work to protect consumers and brands through the SHOP SAFE Act.

• You can find additional resources on the SHOP SAFE Act here and below:
  • Blog: Fact Check: The SHOP SAFE Act Would Benefit Consumers and Small Businesses
  • C4IP Letter to Chairman Coons and Ranking Member Tillis on the SHOP SAFE Act
  • Press Release: Council for Innovation Promotion Applauds the SHOP SAFE Act

Additional Coalition Updates

• On June 20, C4IP Co-Chair Andrei Iancu and board member Paul Michel were featured speakers at a USC Gould School of Law conference focused on how strengthening IP rights can promote U.S. national security and strengthen our innovation leadership.

• On June 20, Small Business & Entrepreneurship Council President Karen Kerrigan published an opinion essay in the Buffalo News underlining how the Patent Eligibility Restoration Act (PERA) and PREVAIL Act would reinforce the patent rights that startups need to succeed.

“Both [PERA and PREVAIL] would help startups secure the venture funding needed to bring revolutionary ideas to the marketplace. America’s entrepreneurs are counting on Congress.”

• On June 18, C4IP Executive Director Frank Cullen submitted a public comment to the USPTO’s April 19, 2024, notice of proposed rulemaking (NPRM) pertaining to discretionary denials and other changes to the Patent Trial and Appeal Board (PTAB). C4IP explained that it could not support the NPRM without understanding the full range of changes that the USPTO intends to make to the PTAB, raising concerns in particular about the Office’s failure to address discretionary denials in light of parallel, often duplicative, district court litigation.

• On June 17, C4IP Executive Director Frank Cullen submitted a public comment to the USPTO’s April 16, 2024 NPRM regarding director review and allowing for parties to request such review after institution decisions and final written decisions. C4IP highlighted potential harmful consequences that could result from regular intervention by the Director personally into individual PTAB cases and suggested an alternative approach that would delegate the review function to another part of the Office, similar to petitions practice, thereby avoiding the appearance of political interference in adjudication between private parties.

• On June 12, C4IP Executive Director Frank Cullen sent a letter to Representatives Jim Jordan, Jerry Nadler, Darrell Issa, and Hank Johnson to affirm the importance of third-party litigation funding ahead of the House IP Subcommittee’s hearing on the topic.

• On June 10, C4IP Executive Director Frank Cullen sent a letter to Senate Judiciary Committee leaders Dick Durbin (D-IL) and Lindsey Graham (R-SC) expressing support for the PREVAIL Act and debunking several myths being advanced by its opponents.

• On June 9, C4IP’s comments to the USPTO on the patentability of AI-assisted inventions were featured in an article in IPWatchdog.

• On June 5, 3M Chief Legal Affairs Officer Kevin Rhodes published an opinion essay in the Star Tribune emphasizing the benefits that patent reforms like PERA and the PREVAIL Act would create for innovators in Minnesota.

“[O]ur Minnesota congressional delegation has the opportunity to strengthen the U.S. patent system and support the most innovative economy the world — and Minnesota — has ever seen. Let’s continue Minnesota’s long and proud legacy of innovation by supporting PERA and PREVAIL.”

• • • On June 5, C4IP’s comments to the USPTO about proposed adjustments to patent fees were featured in an article in IPWatchdog.

• • • On June 4, C4IP board member and retired federal judge Paul Michel published an opinion essay in The Hill exploring how proposals to forcibly relicense patents by misusing the Bayh-Dole Act and Section 1498 of title 28 of the U.S. Code would chill innovation across sectors.

“Upsetting our delicately balanced patent system to score political points is shortsighted and dangerous, especially as America’s technological edge faces growing threats from competitors like China.”

On June 3, C4IP Executive Director Frank Cullen submitted a public comment to the USPTO to express concerns about the USPTO’s April 3 notice of proposed rulemaking on patent fees.