Proposed Legislative Changes to IPR—and Their Possible Repercussions
As inter partes review (IPR) has become more firmly established as an alternative to litigation, some patent holders, in particular in the biotechnology sector, have sought to change, or even scrap, the IPR framework through legislation. Fish Principal Tom Rozylowicz discussed the changes under consideration and how they may affect patent and post-grant practice, including:
- The STRONG Patents Act, introduced in the Senate by Sen. Chris Coons (D-Del.), which would alter the “broadest reasonable construction” standard and the burden of proof in IPR;
- The revised version of the Innovation Act, approved in April by the House Judiciary Committee, which includes certain provisions from the Patents Act; and
- A proposal to exempt the biotech sector entirely from IPR, and a recent Congressional Budget Office analysis of that proposal.