Op-Eds

Today, former Texas Congressman Lamar Smith published an opinion piece in the Dallas Morning News on two bipartisan bills that could revitalize innovation and help entrepreneurs in the United States: the PREVAIL Act and the Patent Eligibility Restoration Act. The PREVAIL Act would reform the Patent Trial and Appeal Board (PTAB), preventing Big Tech firms from abusing it to overwhelm their smaller rivals with litigation. The Patent Eligibility Restoration Act would clarify confusion caused by Supreme Court decisions about what kinds of inventions are patent-eligible, assuring investors that they can safely fund high-tech startups without fear that lack of patent protections will prevent them from seeing returns. In the piece, Smith argues that both bills could benefit America’s economy by strengthening the patent system and empowering entrepreneurship. “Congress should focus on efforts like these to ensure the patent system continues to serve its historic role incentivizing inventors and helping drive the U.S. economy.”

Over the weekend, former DNC Chair and Vermont Gov. Howard Dean published an opinion piece in the Boston Herald encouraging Congress to pass the Patent Eligibility Restoration Act. The legislation, introduced by Senators Chris Coons (D-DE) and Thom Tillis (R-NC), aims to eliminate uncertainty caused by Supreme Court rulings around what types of inventions are patent-eligible. Dean asserts that by clarifying the products and processes eligible for patents, the bill would give investors greater confidence in supporting American research and innovation. He argues that this would help small businesses compete with larger corporations and allow American inventors to compete fairly against foreign rivals. “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.”

Last week, C4IP’s Board of Directors published an opinion piece in the Brussels Morning News on new regulations proposed by the European Commission, which would establish a “Competency Centre” at the European Union Intellectual Property Office (EUIPO) to govern the standard-essential patents (SEPs) that cover shared tech industry practices. In the piece, C4IP’s board argues that creating this Competency Centre would reduce the enforceability of SEPs and introduce uncertainty to standards-implemented innovation in Europe and America. They add that if implemented, this proposed policy could stunt tech inventorship and empower America and the EU’s geopolitical rivals to further erode IP rights. “European Union citizens need to speak up to protect their technology innovation sector — before it is too late.”