TechNet advocates for a healthy patent system that yields high-quality patents, promotes all forms of innovation, deters frivolous patent litigation, and compensates patent owners based on the value of their contributions.
The U.S. Patent and Trademark Office (PTO) must continue to develop and implement patent examination rules, procedures, and guidance to promote the issuance of high-quality patents that provide clear public notice of claim scope to downstream innovators and implementers. Congress should ensure that the PTO retains flexibility to set appropriate user fees and that all user fees stay with the agency to fund its operations. As a key part of this policy goal, Congress and the PTO should uphold the Inter Partes Review (IPR) process established under the bipartisan America Invents Act. IPRs allow for patents to be reviewed by a panel of highly skilled patent judges with technical degrees, who are best suited to review complex technology. A critical element for a strong patent system is ensuring high quality patents and that mechanisms exist to efficiently correct any errors made during the patent application process. The IPR process plays this crucial role in the patent ecosystem by allowing for efficient review and elimination of erroneously issued patents and preserving the strong, balanced patent system at the heart of American innovation. TechNet opposes reforms that hinder or block access to the IPR process, particularly ones based on discretionary reasons divorced from the merits of patentability or that are not explicitly provided by Congress.
Also, Congress should increase funding for intellectual property-specific law enforcement training through the Intellectual Property Enforcement Grant Program within the Department of Justice’s Bureau of Justice Assistance.
TechNet supports reforms that deter litigation abuse in the courts and the International Trade Commission, including policies that promote domestic public interest and discourage vague and unsupported infringement allegations, asymmetric discovery burdens, presumptions of irreparable harm or compensable damages where no such harm or damages exist, forum shopping, and manipulation by litigation funders who take advantage of patent owners and the judicial system for their own financial gain.
TechNet encourages the USPTO to promote guidance and regulations that provide clarity around the patentability of AI technologies. Additionally, protecting the right and ability to perform computational analysis on data is necessary to create effective AI models and ensure the U.S. remains the leader in AI development. Any changes to existing copyright law that would restrict access to AI training data will hamstring America’s ability to innovate and compete globally. Rather than implementing new statutory requirements or restrictions the U.S. Copyright Office should ensure that any further guidance focuses on protecting the core provisions of copyright law and fair use doctrine that offer technology-neutral protections to legitimate rightsholders and innovators. This will encourage a balance where creators’ rights remain honored while ensuring continued progress in developing groundbreaking AI technologies. Federal agencies should advocate for copyright policies, both in the U.S. and abroad, that support and reinforce our national leadership in innovative AI technologies.
Other Policy Agendas
