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Biotech Intellectual Property & Patents – Biocom California Advocacy

Patent Litigation Legislation

Biocom has vehemently opposed and will continue to oppose legislation that imposes greater requirements and penalties on patent holders, such as costly pleading and reporting requirements, restrictions on additional discovery requests, and burdensome fee shifting provisions, among others. Such limitations undermine the U.S. patent system by restricting legitimate patent holders’ ability to assert their patent rights and increasing litigation risks, which would in turn lower the value of patent assets and reduce investment in early innovation.

Several recent and major judicial and administrative developments in patent law have fundamentally changed the landscape under which patent legislation should be considered, and made some proposed measures irrelevant or unnecessary. Should Congress resume consideration of such ill-written proposals, Biocom will engage with House and Senate committees and leaderships to find reasonable ways to address abusive practices by specifically targeting bad actors, commonly referred to as “patent trolls”. Biocom will only support measures that protect the constitutionally-guaranteed intellectual property rights of innovators.

USPTO User Fees

Biocom continues to work to ensure that the Patent and Trademark Office (USPTO) has access to the entirety of user fees collected and is advocating against user fee diversion. Over the past twenty years, PTO user fees diversion has led to more than 600,000 unexamined patent applications and more than 28 months in the average patent pendency time.

Biocom Policy Statements

  • Biocom Comment Letter – Changes to PTAB Claim Construction Standard – Download
  • Biocom Statement on Introduction of HR9, the Innovation Act – Download
  • Biocom Statement Opposing HR9, the Innovation Act – Download
  • Biocom Statement in Support of the TROL Act – Download
  • Letter to Senator Feinstein on PTO user fees – Download