Collins, Johnson, Stivers, Tillis and Coons release draft bill to reform Section 101 of the Patent Act

Language contained in draft bill is intended to solicit feedback and is subject to revision after additional stakeholder feedback 

WASHINGTON — Reps. Doug Collins (R-Ga.), Ranking Member of the House Judiciary Committee, Hank Johnson (D-Ga.), Chairman of the Subcommittee on Intellectual Property and the Courts, and Steve Stivers (R-Ohio), and Sens. Thom Tillis (R-N.C.), Chairman of the Senate Judiciary Subcommittee on Intellectual Property, and Chris Coons (D-Del.), Ranking Member of the Senate Judiciary Subcommittee on Intellectual Property, released a bipartisan, bicameral draft bill that would reform Section 101 of the Patent Act. The draft bill comes after receiving feedback from dozens of stakeholders, industry representatives and individual inventors based on framework released in April. The proposal was released in advance of the final roundtable the senators and representatives are holding on Thursday and is intended to solicit feedback. For that reason, the language contained in the draft bill is not final and is subject to additional revision. “American innovation leads the world and drives our economy. Unfortunately, bad actors like China are stealing our intellectual property and threatening our preeminence with their own massive investment in research and development in critical areas of technology. We must reform the patent system to ensure our nation remains number one in innovation,” said Collins. “I appreciate the partnership of Senators Tillis and Coons and Representatives Johnson and Stivers as we work to encourage research that produces life-saving technologies. I look forward to continue engaging stakeholders to address any concerns with this draft legislation.”“Section 101 of the Patent Act is foundational to the patent system, but recent court cases have upset what should be solid ground. That’s why I’ve been pleased to work with my colleagues — Senators Tillis and Coons; Representatives Collins and Stivers — on this effort to restore predictability and stability to the patent eligible subject matter inquiry that will ensure that the patent system is available to incentivize innovation in key areas of our economy,” said Johnson. “The draft language released today represents an important step in the process, the result of extensive consultation with stakeholders from a wide range of industries and perspectives. I look forward to continuing to receive feedback as we in the House of Representatives undertake our review of this important issue.” “Every day in my home state of Ohio, leaders in the fields of biologics research and diagnostics invest their time to discover lifesaving cures. American startups in these and every industry revolutionize technology usage and have the opportunity to propel our society forward with innovative discoveries and products, but we must work to protect these innovators with the ability to secure a patent that rewards their risk and investment,” said Stivers. “Following months of discussions with my colleagues and stakeholders, this bipartisan discussion draft shows our commitment to reforms that unleash our nation’s game-changing innovation, instead of stifling it. This draft proposes crucial steps to reform our patent laws to better reflect the twenty-first century’s rapidly evolving scientific and technological advancements.”“I want to thank my congressional colleagues for all of their hard work on this important issue,” said Tillis. “The release of this draft bill comes after months of discussions with interested stakeholders. We believe this framework represents a true balance that will restore integrity, predictability and stability to our nation’s patent system, while also preventing the issuance of overly broad patents. We look forward to feedback on this draft and to holding public hearings to further discuss the state of patent eligibility in the United States.”“I appreciate the collaborative efforts of colleagues in both the Senate and the House, as well as the ongoing engagement of stakeholders, as we work to make needed improvements to the U.S. patent system,” said Coons. “The United States is the most innovative country on the planet. Strengthening our intellectual property laws to encourage and reward research and innovation is critical to our leadership in developing cutting-edge technologies and safeguarding our national security. I look forward to continuing to work with my colleagues and stakeholders as we finalize legislation.” The draft bill text is available here. Collins, Johnson, Stivers, Tillis and Coons continue to solicit feedback on the proposal and encourage stakeholders to email IntellectualProperty@tillis.senate.gov.