The Senate must “push the envelope even further”...

session. The Senate Judiciary Committee is to begin considering the Patent Transparency and Improvements Act (S-1720) at a hearing Tuesday. The bill, introduced by committee Chairman Patrick Leahy, D-Vt., and Sen. Mike Lee, R-Utah, mirrors some portions of HR-3309 but draws more heavily from legislative recommendations from the White House. The bill does not include provisions on fee-shifting or changes to discovery rules for patent cases -- two items that drew criticism from some opponents during the debate in the House (CD Dec 6 p11). The Senate bill would also give the FTC the authority to take action against patent assertion entities that send deceptive demand letters. The Senate should particularly focus on stays on patent lawsuits against end-users and provisions that would improve patent quality during the review process at the U.S. Patent and Trademark Office, Potter said Monday. Tuesday’s hearing will shape the Senate debate, but so will the opinions of constituents who will speak with their senators over the holidays, Potter said. Opponents of HR-3309 argued that the bill would hurt small businesses -- something Engine Advocacy co-founder Mike McGeary called “false.” The debate over possible legislation has brought together advocates “from all walks of life,” with a majority of them coming from small businesses, he said. Despite the criticism, the House passed HR-3309 with a bipartisan majority, which itself was a “clear signal to the Senate that the time for action is now,” McGeary said. “This is something that can’t wait for another election cycle.”