Research Reporter: July 2007
Research Information from the University of Michigan

Washington Update

Congress considers patent reform legislation

By Michael Waring
Executive Director of Federal Research Relations and Director of the UM Washington, D.C. office

Should America's patent system be modified....and if so, how? That's the issue that Congress is struggling with as it weighs potential legislation to make some fundamental changes to the way in which inventions are protected-- changes that may affect university researchers.

The debate on the issue began in the last Congress, but gained momentum this year when the control of the House and Senate changed hands between the parties. Judiciary Subcommittee Chairman Howard Berman (D-CA) introduced legislation earlier this spring following a series of hearings on the issue. A similar bill was sponsored by Senator Patrick Leahy (D-VT), chairman of the Senate Judiciary Committee, where parallel hearings were held.

At this writing, the House subcommittee has voted on the measure, which is now being considered by the full House Judiciary Committee. The Senate Judiciary Committee has also begun marking up its version and continues to consider the legislation.

On behalf of the higher education community, representatives of the Association of American Universities, the Council on Governmental Relations, the American Association of Medical Colleges and others are working together to address areas of concern. UM is a member of these advocacy organizations.

Among the issues being negotiated of key interest to the University of Michigan and other research universities:

How damages in patent infringement cases should be apportioned
What types of "prior art" should be considered in the patent granting process
Whether or how there should be additional opportunities after a patent is granted to challenge the validity of that patent besides going to court

UM has been part of direct meetings with House Judiciary Committee Chairman John Conyers (D-MI) and other key lawmakers laying out our concerns, as well as meetings with the coalition of higher ed associations.

The bottom line is that any changes in law must not be allowed to harm universities' technology transfer system that has brought thousands of inventions onto the market and helped create new industries and hundreds of thousands of new jobs all across America.

Waring is the director of the University of Michigan Washington, D.C., Office. Contact him at 499 S. Capitol St., SW, Ste. 501, (202) 554-0578. Questions may be e-mailed to Waring at mwaring@umich.edu.

July 2007

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