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AHIP - PATENT Act (05 27 15)
AHIP - PATENT Act (05 27 15)
Dear Chairmen Grassley and Goodlatte and Ranking Members Leahy and Conyers:
On behalf of Americas Health Insurance Plans (AHIP), I am writing to express our support for
your bipartisan legislation, the Protecting American Talent and Entrepreneurship Act of 2015
("the PATENT Act").
Our members appreciate your efforts to ensure that important tenets of the patent system are not
undermined by frivolous lawsuits. The PATENT Act reflects an important step towards an
environment in which such abusive practices are deterred. When coupled with the reforms made
under the America Invents Act (AIA), potential changes made by the PATENT Act would
continue the movement towards reducing the heavy burden placed on the patent system by weak
patents and weak patent challenges.
We are concerned, however, that some efforts to modify the PATENT Act would undermine the
positive impact of a critical aspect of the America Invents Act, the Inter Partes Review (IPR)
process.
The IPR process serves a vital role in quickly, efficiently, and accurately clearing the system of
patents that do not deserve patent protection. The relative speed and low cost of such
proceedings -- compared to the time and cost of district court proceedings -- increases the ability
to challenge patents that are invalid because they fail the essential requirements of novelty and
non-obviousness. As noted in the legislative history of the AIA, the IPR process "will allow
invalid patents that were mistakenly issued by the USPTO to be fixed early in their life, before
they disrupt an entire industry or result in expensive litigation." The IPR is a well-designed,
rule-governed process, allowing for settlement, appeals, and sanctions for abusive conduct. In
addition, the IPR process has the benefit of being conducted before administrative patent judges
Daniel T. Durham
Interim CEO
c: