`‘/ Press
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`/ Press Release
`
`09.29.21
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`Leahy And Cornyn Introduce Bipartisan
`Bill To Support American Innovation And
`ReduceLitigation
`... Leahy-Cornyn Bill Will Improve Proceedings At The Patent Office To
`Address Problems In The American Economy Caused By Poor-Quality
`Patents
`WASHINGTON (WEDNESDAY, Sept. 29, 2021) -- Senator Patrick Leahy (D-Vt.) and Senator John
`Cornyn (R-Texas), both, membersof the Senate Intellectual Property Subcommittee, on Wednesday
`introduced a newbill, the Restoring the America Invents Act, to address problems for small businesses
`and ordinary Americans caused by poor-quality patents. Leahy chairs the Subcommittee.
`Thepatent system creates incentives to promote the progress of science and theusefularts for the
`benefit of the public. High-quality patents are essential for spurring innovation, but poor-quality
`patents can be abused,costing start-ups, small businesses, American manufacturers, and nonprofits
`huge sumsevery year. And poor-quality patents drive up the cost of prescription drugs byartificially
`preventing competition even over medications that have been on the marketfor decades.
`Ten years ago this month, the Leahy-Smith America Invents Act created a process that allows members
`of the public to challenge a patent’s validity at the U.S. Patent and Trademark Office (PTO)directly,
`providing a faster, less expensive and more accessible avenuethan litigation in the courts. When more
`than ten thousand small businesses in Vermont, in Texas and around the country were targeted in 2013
`by entities holding poor-quality patents, the tool that ultimately ensured that those patents would not
`be abused again in the future was this PTO review process.
`The Restoring the America Invents Act builds on and supports the structures that were created ten
`years ago in the Leahy-Smith Act. It will bring more transparency into the PTO review process,
`preventpoliticized meddling with PTO decisions, and ensure that these important PTO proceedings
`are widely available to the public.
`Leahy said: “Fundamentally, we need to address why the PTO issuesinvalid patents in thefirst place.
`But whentheseinvalid patents have already been issued, they need to be addressed on the back end. I
`am proudofthe legacy we built ten years ago with the Leahy-Smith Act. And I’m equally proud to
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`introduce the Restoring the America Invents Actto protect the gains made by the Leahy-Smith Act
`‘and ensure that our patent system reinforces high-quality patents while ensuring that poor-quality
`patents don’t disrupt the American economy. I welcome working with Senator Cornyn to make sure
`that we strike a balance that will help start-ups, small businesses, and American manufacturers thrive.”
`Cornyn said: “Ourpatent system is meant to encourage innovation, and whenit functions properly
`that’s exactly what it does. This legislation would improvetheability of our system to maintain the
`quality ofAmerican patents by improving the mechanism for challenging them. By ensuringthereis a
`less expensive and more transparent option than drawn-outlitigation, we can protect valid patents and
`prioritize innovation.”
`The full text of the Restoring the America Invents Act can be foundhere.
`####F
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