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Protecting American Talent and Entrepreneurship (PATENT) Act (view source)
Revision as of 15:51, 26 February 2016
, 15:51, 26 February 2016→Analysis
==Analysis==
According to the drafters of the PATENT Act, the proposed legislation aims to "stop abusive patent litigation practices" and prevent "bad actors," namely patent trolls, "from undermining the patent system." [http://files.bakerbotts.com/file_upload/IPReport201507-ProposedPatentReformin2015.htm#footnote2r (Baker Botts)] However, a A 2015 [http://www.pwc.com/us/en/forensic-services/publications/assets/2015-pwc-patent-litigation-study.pdf study] from PriceWaterhouseCoopers on patent litigation shows that 2014 saw a 13 percent decrease in the amount of patent lawsuits filed, contrary to the average 20 to 30 percent increases seen since 2009. One of the major criticisms of the PATENT Act is against its "customer stay" provision. Making manufacturers instead end users responsible allows for a loophole in which many manufacturers could qualify as customers because they buy or import components of products. [http://www.ipwatchdog.com/2015/05/20/study-should-pause-patent-reform/id=57946/ {IP Watchdog)]
The PATENT Act is strongly supported by Microsoft [https://news.microsoft.com/2015/04/29/microsoft-supports-patent-act/ (Microsoft)] and the National Retail Federation. [https://nrf.com/advocacy/policy-agenda/fair-patent-laws (NRF)]
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.