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Protecting American Talent and Entrepreneurship (PATENT) Act (view source)
Revision as of 12:28, 5 April 2017
, 12:28, 5 April 2017no edit summary
Return to [[Innovation Policy#Patent Reform|Patent Reform]]
[[114-S1137 PATENT Act]]
'''S.1137: Protecting American Talent and Entrepreneurship (PATENT) Act (2015)''' [https://www.congress.gov/bill/114th-congress/senate-bill/1137 (Congress)]
*Discouraging abusive litigation practices.
<section end=PatentAct />
Feedback on the PATENT Act has been varied. 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. 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.
==Provisions==
===Customer stay===
The act allows cases against consumers to be stayed while the manufacturer litigates the alleged patent infringement , if the manufacturer is involved in a similar case in the United States. This stay is only for consumers at the end of the supply chain who are using the product in its final form without material modifications.
===Discovery limits===
The PATENT Act requires a court to stay expensive discovery pending the resolution of preliminary motions, such as the dismissal of a case, a change of venue, of the or severance of accused infringers.
===Fees and recovery===
The PATENT Act requires patent holders to disclose to the Patent and Trademark Office (PTO) whenever there is an assignment of interest in the patent that results in a change of ultimate parent entity. This transparency allows defendants to who has a stake in the case, as well as if the patent has been litigated before.
===Small business provisionsBusinesses===
The act directs the PTO to develop educational resources for businesses targeted by patent suits and to create a list of pending patent cases on its website.
==References==
<ref name="PAsummary"> [https://www.judiciary.senate.gov/imo/media/doc/Patents,%2004-29-15,%20PATENT%20Act%20-%20One%20Pager.pdf] 'The Protecting American Talent and Entrepreneurship Act (PATENT) Act: Short Summary', "Senate Committee on the Judiciary" (Washington, D.C). </ref>
<ref name="patentactgovtrack"> [https://www.govtrack.us/congress/bills/114/s1137] 'S.1137: PATENT Act', 'govtrack.us'. </ref>
[[Category: Public]]
[[Public Classification::Legislation| ]]
