New law mitigates opportunistic litigation, improves patent quality
Washington, DC — September 8, 2011 —
After seven years of pressing for a modernization of the outdated US patent system, the Business Software Alliance (BSA) today hailed the US Senate’s final passage of the America Invents Act (H.R. 1249).
“For a cutting-edge industry like software, operating under a 60-year-old patent system has sometimes felt like sailing with an anchor overboard. Today’s passage of the America Invents Act is like cutting the rope. It marks a momentous change that will help accelerate technology innovation,” said BSA President and CEO Robert Holleyman.
“Software companies have been especially burdened with poor controls on patent quality and opportunistic litigation,” Holleyman said. “The new law will improve patent quality by permitting more efficient challenges to patents that lack merit. The law also builds on a series of recent court decisions on issues such as damages and injunctions to help discourage what had become a destructive cottage industry of opportunistic patent litigation. Finally, by adopting a first-inventor-to-file system, the new reform harmonizes US law with international standards, which is critical in an interconnected, global economy.”
“I congratulate Chairman Leahy and Ranking Member Grassley and their counterparts in the House — Chairman Smith and Reps. Watt, Berman, and Goodlatte — for their tireless efforts in bringing this long-overdue reform to final fruition,” said Holleyman.
The Business Software Alliance (www.bsa.org) is the leading global advocate for the software industry. It is an association of nearly 100 world-class companies that invest billions of dollars annually to create software solutions that spark the economy and improve modern life. Through international government relations, intellectual property enforcement and educational activities, BSA expands the horizons of the digital world and builds trust and confidence in the new technologies driving it forward.
Jordan Lubowitz, 202-326-1776