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C4IP Coalition Updates: March 2024

C4IP accomplished a lot during the month of March! Here’s a roundup of what our Coalition has been up to over the past month.

March Highlights: Promoting Patent Eligibility Reform

The Patent Eligibility Restoration Act (PERA), reintroduced by Senators Thom Tillis and Chris Coons in June, remains under consideration by the 118th Congress. This important bill would resolve the confusion created by a series of recent Supreme Court decisions on patent eligibility, clarifying the categories of inventions that are eligible for patent protection. In doing so, it would restore incentives for research and investment in cutting-edge technology areas, bolstering America’s innovation economy.

C4IP is actively engaged in and supportive of initiatives advocating for the swift passage of this important legislative reform:

  • C4IP published a blog outlining the critical reasons for supporting PERA’s passage.
    • A more comprehensive discussion of facts versus “myths” on PERA can be found here for the life sciences and here for computer-implemented inventions.
  • C4IP Board Members Judge Paul Michel (ret.) and Judge Kathleen O’Malley (ret.) published an opinion essay in The Hill endorsing PERA as a solution to America’s declining economic leadership.

“If there is any doubt about whether those inventions can be protected, entrepreneurs and investors will inevitably err on the side of caution — and direct their resources to other sectors…[PERA] would give investors the certainty and objectivity needed to continue funding cutting-edge research with the potential to change, or even save, lives.”

    • Coming up: On April 9, C4IP, the Coalition for 21st Century Patent Reform (21C), and Innovation Alliance will co-host a “Lunch and Learn” to educate attendees about PERA, its importance for the U.S. patent system, and its role in restoring investment and innovation in the United States. C4IP Board Member Judge Kathleen O’Malley (ret.) will be a featured speaker. The event will be held from 11:45 a.m. to 1:00 p.m. EDT in the U.S. Senate (Room TBD).
      • For more details and to register for the event, email plpbd@akingump.com with the subject “RSVP: PERA Lunch” and include your full name, member office/company name, and any dietary restrictions you may have.

March Highlights: C4IP Releases Inaugural Congressional Innovation Scorecard

C4IP released its inaugural Congressional Innovation Scorecard, which assesses each member of Congress’s record on pivotal issues related to innovation — including support for PERA and PREVAIL — and assigns a grade based on the extent to which they are working to advance strong and effective IP rights that promote American innovation, creative output, and industry.

“A supermajority of Congress received Innovation Scorecard grades of “C” or “C-,” indicating only a passing interest in national IP policy…In the Senate, Senators Chris Coons, Thom Tillis, and Mazie Hirono distinguished themselves as champions for U.S. IP rights, receiving Innovation Scorecard grades of “A+,” “A+,” and “A,” respectively. In the House, nobody received an A, with Representative Ben Cline receiving the highest grade of “B+.”

  • C4IP unveiled the Scorecard during a March 21 briefing at the National Press Club, which was attended by Congressional staffers and members of the media. You can find a full recording and photos here.
  • C4IP Co-Chairs Andrei Iancu and David Kappos expanded on the Scorecard’s purpose and how — for the sake of countless American companies and workers — Congress must step up and champion robust IP rights in an opinion essay published in The Hill.
  • C4IP remains committed to working closely with members of Congress to ensure they support strong, predictable, and reliable IP rights, in line with our founders’ vision and in order to secure our nation’s future prosperity with good jobs and a high quality of life. We hope constituents will utilize our Scorecard as a trusted resource and encourage their representatives to prioritize these critical issues.

Additional Coalition Updates

  • On April 9, CSIS will host the 2024 LeadershIP Conference, the premier conference on IP, innovation, and national security policy. Featured speakers include David Norquist, CEO of NDIA and former Undersecretary of Defense, Walt Copan, senior adviser of CSIS’s Renewing American Innovation Project and former NIST Director, and C4IP Board Member Judge Paul Michel, former Chief Judge of the U.S. Court of Appeals for the Federal Circuit.
    • Learn more about the event and register here.
  • Throughout March, C4IP Co-Chairs Andrei Iancu and David Kappos appeared on talk radio shows across the nation to discuss how the Biden administration’s proposed march-in framework would harm America’s economy.
  • On March 14, C4IP Co-Chair Andrei Iancu was interviewed in a PharmaVoice article about how the Biden administration’s recent proposal for march-in rights would stifle drug research and innovation.

“Here’s the reality: If the government threatens to take away these patents, the consumers will have zero access to that technology if the industry doesn’t bring it to market. The price of no technology on the market is infinite, and there is no amount of money you can give to buy a product that doesn’t exist.”

  • On March 4, C4IP Co-Chair David Kappos was quoted in a Law360 article on the World Trade Organization’s lack of agreement on a waiver for IP rights, which he described as “affirmatively good news” for global innovation because it will ensure that strong IP rights incentivize preparation for the next global emergency.
  • On March 1, C4IP Co-Chair Andrei Iancu published an opinion essay in Fox News criticizing the Biden administration’s shortsighted and dangerous draft framework for march-in rights.

“Make no mistake: Weakening or eliminating patent rights to advance political agendas will chill private sector risk-taking, technological progress and access to cutting-edge inventions.”

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