October 14, 2015

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.

Download Presentation Slides
For audio-only (MP3 format), click here to launch in a new window, or right-click and choose “Save link/target as” to download to your computer.

No Comments

Sorry, the comment form is closed at this time.

Fill out the form below to receive our monthly newsletter and updates on your selected areas of interest. You can unsubscribe at any time by clicking the unsubscribe link at the bottom of the email.

  • Fish & Richardson P.C. is committed to protecting and respecting your privacy, and we’ll only use your personal information to administer your account and to provide the services you requested from us. From time to time, we would like to contact you about our services, as well as other content that may be of interest to you. If you consent to us contacting you for this purpose, please tick below.
  • In order to provide you the content requested, we need to store and process your personal data. If you consent to us storing your personal data for this purpose, please tick the checkbox below.
  • You can unsubscribe from these communications at any time. This can be done by clicking the unsubscribe link at the bottom of marketing emails you receive from us, or by emailing stating that you would like to be unsubscribed.
  • This field is for validation purposes and should be left unchanged.