Patent Reform Propaganda Amps Up

With the incoming Republican majority itching to make their mark, patent reform appears at the top of the legislative agenda for 2015. As discussed previously, the interest in further reform is based more on political expediency than true need. That is, selling the American public that legislation has actually been passed to help out "main street" businesses, on a topic relatively few Americans understand, is an enticing political opportunity.

Emboldened by mid-term election results, Republican leaders have begun laying the ground work for a 2015 push for further patent reform. Reception among stakeholders has been tepid at best, with many urging caution. Several key Supreme Court rulings of the last few months on matters such as patentable subject matter, patent claim clarity, and attorneys fees have changed the landscape. Case law reform has taken the wind out of the sails that existed in the Spring of 2014, not to mention the continued and significant impact of the 2011 patent reform legislation.

Going forward, opposition to further reform may come from many that urged the changes embodied by the America Invents Act (AIA) of 2011. Lawmakers would be wise to put their "legislation for legislation's sake" agenda aside, stop, and listen.