Engine submitted comments to the Senate Judiciary Subcommittee on Intellectual Property following the Subcommittee’s September 11th hearing on the Support Technology and Research for Our Nation’s Growth and Economic Resilience (“STRONGER”) Patents Act of 2019, S. 2082.
Among other concerns, the proposed legislation would limit the availability of inter partes review (IPR) as a mechanism for improving patent quality and would make it easier for patent assertion entities to use the threat of an injunction as leverage to coerce startups to settle frivolous patent cases. Although the current patent system is not perfect, the changes proposed in the STRONGER Patents Act are unnecessary.
“Curbing abusive patent litigation remains a top priority for startups,” we say in our comments. “Time and money spent on litigation is time and money that cannot be spent on innovation, and the distractions of (especially frivolous) litigation make it harder for startups to attract funding. Both the availability of IPR proceedings and the equitable balancing of injunctive relief have been and will continue to be important tools for startups.”
You can read our full comments here.
Engine previously joined a letter signed by more than 80 U.S. businesses expressing serious concerns that the STRONGER Patents Act "would significantly weaken the U.S. patent system to the detriment of American businesses."
