C4IP Coalition Updates: September 2023

September was a busy month for C4IP! Here’s a roundup of what our Coalition has accomplished over the past month.

• On October 3, C4IP Executive Director Frank Cullen issued a statement in support of the recently-reintroduced Stopping Harmful Offers on Platforms by Screening Against Fakes in E-Commerce (SHOP SAFE) Act.
  • “The legislation will take meaningful steps to reduce the availability of counterfeit goods that siphon billions of dollars and countless jobs from our economy and stunt innovation.
    C4IP urges Congress to pass the SHOP SAFE Act expeditiously.”
• On October 3, C4IP sent a letter to Chairman Chris Coons (D-DE) and Ranking Member Thom Tillis (R-NC) applauding their recent introduction of the Stopping Harmful Offers on Platforms by Screening Against Fakes in E-Commerce (SHOP SAFE) Act ahead of a relevant Senate Judiciary Subcommittee on Intellectual Property hearing.
  • “We applaud your recent introduction of the SHOP SAFE Act of 2023, S. 2934, and for quickly scheduling today’s hearing to consider the bill and the serious problem of counterfeits being sold through online platforms.”
• On September 22, former Georgia Congressman Doug Collins published an opinion essay in the Atlanta Journal-Constitution (AJC) arguing that Congress should pass the Patent Eligibility Restoration Act of 2023 (PERA) to shore up the U.S. patent system.
  • “By unwinding the negative impact of confusing judicial decisions, the Patent Eligibility Restoration Act would strengthen the U.S. intellectual property system, protect innovators, and shore up our ability to compete with geopolitical rivals. Congress should pass it as soon as possible.”
• On September 21, former National Institute of Standards and Technology (NIST) Director Walt Copan published an opinion essay in The Boulder Daily Camera arguing that Congress must pass the Promoting and Respecting Economically Vital American Innovation Leadership Act (PREVAIL) and the Patent Eligibility Restoration Act of 2023 (PERA) to restore America’s technological edge.
  • “Taken together, the two bills would assure innovators and startups that their discoveries are patentable and their rights secure. Such clarity promotes further research and innovation in industries central to our national security.”
• On September 20, C4IP Chief Policy Officer and Counsel Jamie Simpson participated in a listening session held by the USPTO, International Trade Administration (ITA), and NIST “to discuss implementation strategies for standards-setting” as defined in the National Standards Strategy for Critical and Emerging Technology.
• On September 19, C4IP Co-Chair Dave Kappos participated in IAM Connect’s SEP Summit 2023. He spoke on a panel entitled “The game-changing European SEP/FRAND draft regulation” and discussed the implications of the European Commission’s proposal to create a SEP royalty rate setting body in the EU Intellectual Property Office (EUIPO). Read more about the event here.
• On September 10, C4IP Co-Chair Andrei Iancu, C4IP Board Member Judge Kathleen O’Malley (Ret.), and USPTO Deputy Solicitor Farheena Rasheed spoke at the Intellectual Property Owners Association (IPO)’s Annual Meeting in Boston, MA. They discussed how IP law is shaped by policymakers and courts — including their own roles within the IP policy system and how they interact with each other, Congress, and the public. Read more about the event here.
• On September 7, C4IP released the highlight reel from the July 24 roundtable the coalition co-hosted with the University of Maryland, which discussed fostering innovation in Prince George’s County and featured Congressman Glenn Ivey (D-MD). Watch the highlight reel here.
• On September 7, former Texas Congressman Lamar Smith published an opinion essay in the Dallas Morning News endorsing both the Promoting and Respecting Economically Vital American Innovation Leadership Act (PREVAIL) and the Patent Eligibility Restoration Act of 2023 (PERA).
  • “[T]he PREVAIL Act could help ensure that small businesses and startups get a fair chance to enforce their patents…could help put American entrepreneurs in high-tech industries on a more even playing field with their rivals in Europe and Asia by clarifying confusing decisions made by the courts…Both of these bills are well-intentioned efforts to make the patent system more fair and more predictable.”

• On September 6, C4IP sent letters to the Department of Health and Human Services (HHS), Food and Drug Administration (FDA), Centers for Medicare & Medicaid Services (CMS), and USPTO in response to recent anti-patent claims made by advocacy groups.
  • “For too long, the interests of predictable and enforceable patent rights have been sacrificed in efforts to resolve public policy challenges and commercial differences wholly unrelated to patent law. It is for this reason we read with profound concern a recent letter from advocacy groups urging you to oppose ongoing efforts to promote efficiency, predictability, and fairness in the patent system.”

• On September 2, former Vermont governor and Democratic National Committee chair Howard Dean published an opinion essay in the Boston Herald voicing his support for the Patent Eligibility Restoration Act of 2023 (PERA).
  • “Americans’ health, economic prosperity, and even national security depend on regaining an edge over rival nations in critical fields. Supreme Court rulings have derailed our technological leadership. Senators Coons’ and Tillis’ legislation will help put us back on track.”

• ICYMI: C4IP submitted written comments to the NIH in advance of the agency’s recent virtual workshop, “Transforming Discoveries into Products: Maximizing NIH’s Levers to Catalyze Technology Transfer.”
  • Experts in the broader intellectual property community also shared their perspectives with the NIH. Some highlights from these submissions can be found here.

• ICYMI: C4IP announced the creation of a grant program for intellectual property research, scholarship, and writings. The program — which provides grants of up to $25,000 — will advance C4IP’s mission to provide lawmakers data-driven recommendations to inform IP policy. More information about the application process is available here, and questions about the program should be directed to C4IP Chief Policy Officer and Counsel Jamie Simpson at jamie@c4ip.org.
  • The program has been covered by IPWatchdog, Legal Scholarship Blog, and SSRN.