Republican Senators Have Concerns About Post-Grant Review

Last week, twelve Republican senators have sent a letter to Senate Majority Leader Harry Reid (D-NV) urging him not to bring the patent reform bill, S. 515, to the Senate floor until further work is done on the post-grant review provisions.

Specifically, the letter calls the currently crafted post-grant review provisions “quite problematic.”

This language, which permits serial challenges at the U.S. Patent and Trademark Office and in the courts, threatens to diminish the value and enforceability of U.S. patent rights at a time when America’s economic recovery is dependent on the strength of U.S. innovation.

The Senators praise the provisions governing damage awards for proven infringement, but urge that the administrative review issues be resolved before the bill comes to the Senate floor.

HT:  Hal Wegner

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