Legislative Background
Congress has introduced legislative reforms and is considering more with the stated goals of protecting innovation and to prevent patent laws and regulation from being misused in the pursuit of patent litigation. The 2011 America Invents Act (AIA) established new functions in the U.S. Patent and Trademark Office (PTO) to introduce a faster, less costly process to determine a patent’s validity. In addition, as a result of certain case rulings, the definition of what IP is eligible for patentability has changed in recent years. In June 2015, the Senate Judiciary Committee approved the Protecting American Talent and Entrepreneurship Act (PATENT Act), which seeks to further reform patent litigation and address abusive practices. And the Innovation Act, passed by the House Judiciary Committee in June 2015, remains to be voted on by the full House.
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