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Protecting American Talent and Entrepreneurship (PATENT) Act (view source)
Revision as of 17:03, 26 February 2016
, 17:03, 26 February 2016→Analysis
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)] Because of the way the provision is written, even the largest technology companies could prevent patent litigation because they purchase items from other manufacturing companies.
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.
