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However, there has been a delay in the passing of the bills because of controversy surrounging the shifting of attorney fees. Fee shifting was originally suggested as a way to incentivize small firms and businesses that were being unfairly accused of patent infringement to bring the case to court, so that they would not have to pay their attorney fees. However, there have been arguments stating that fee shifting would actually increase the settlement rate of small businesses being accused of patent infringement, because they don’t want to take the risk of losing and paying for the winner’s attorneys’ fees, in addition to their own. [http://www.bna.com/debate-patent-reform-n17179934625/ (Bloomberg BNA)]
Protecting American Talent and Entrepreneurship (PATENT) Act (view source)
Revision as of 10:42, 15 June 2016
, 10:42, 15 June 2016no edit summary
*Reducing litigation costs.
*Discouraging abusive litigation practices.
<section end=PatentAct />
==Summary==
Organizations like the Innovation Alliance [http://innovationalliance.net/from-the-alliance/innovation-alliance-statement-introduction-patent-act/ (IA)] and National Venture Capital Association [http://nvca.org/issues/patent-reform/ (NVCA)] have spoken out against various provisions of the bill. The NVCA states that the PATENT Act, as well as the [[Innovation Act]] (H.R.9), will increase the risk of patent litigation for startups by creating an overly broad fee shifting system that gives large companies and large patent trolls with huge financial resources an advantage against smaller startups.
However, there has been a delay in the passing of the bills because of controversy surrounging the shifting of attorney fees. Fee shifting was originally suggested as a way to incentivize small firms and businesses that were being unfairly accused of patent infringement to bring the case to court, so that they would not have to pay their attorney fees. However, there have been arguments stating that fee shifting would actually increase the settlement rate of small businesses being accused of patent infringement, because they don’t want to take the risk of losing and paying for the winner’s attorneys’ fees, in addition to their own. [http://www.bna.com/debate-patent-reform-n17179934625/ (Bloomberg BNA)]
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