HB 18-16: Patent Reform Act of 2019 (Failed)

[Esteemed Jimmy]

HOUSE BILL

To reform federal patent policy


Be it enacted by the Congress of the Republic of Atlasia assembled

Title of Act:

This legislation may be cited as the Patent Reform Act of 2019.

Substance

F.L. 10-1, the Patent Reform Act of 2017, is amended to read as follows, renumbering accordingly:

Title I: Rules of Civil Procedure in Patent Cases

1.) Any person who files a civil action alleging patent infringement must include the following information in their court pleadings:

A) The registered number of any patent at issue
B) All claims necessary to produce the identification of each instrumentality or process alleged to infringe any claim of each patent allegedly infringed
C) The name, model number, or description of each accused instrumentality
D) Each element necessary to prove each claim against each instrumentality
E) The Authority of the party alleging infringement to assert each patent
F) Grounds for jurisdiction.

2.) The prevailing party in a patent infringement case may petition the Court for reasonable legal fees, and the presiding Judge shall grant the petition, unless:

A) The non-prevailing party was reasonably justified in their legal and factual argument, or
B) Special circumstances, such as severe economic hardship to a named inventor, make an award unjust.

3.) A defendant in a patent infringement case who is being sued solely as an end-user or retailer of a composite product may petition the court to be dismissed as a defendant provided:

A) The Manufacturer of the composite product is a party to the lawsuit, and
B) The end-user or retailer agrees to be bound on issues of law.

4.) A defendant in a patent infringement case may petition the court for a stay of discovery:

A) Pending a motion to dismiss,
B) when the plaintiff is granted a preliminary injunction to prevent economic activity, or
C) during drug and biological product applications.

Title II: Patent Infringement Demand Letters

1.) The sending of purposefully evasive demand letters to end users or retailers, without identifying the registered number of any patent allegedly being infringed or the identity of the patent holder, shall be considered a fraudulent and deceptive trade practice.

2.) The Federal Trade Commission is hereby authorized to investigate complaints of evasive demand letters, assess penalties on violators, and petition federal courts for an injunction against violators.

Title III: Evergreen Patents and Medicine

1a.) It shall be unlawful for any holder of an expiring drug or biological patent to offer or make any payment to a manufacturer or distributor of generic drugs or biologics in exchange for delaying future sales of the generic drug.

1b.) No method or process patent may be granted for drugs that are protected under existing patents.  All existing process or method patents for drugs shall be null upon passage of this act.

2.) The Patent and Trademark Office (PTO) shall not grant a patent holder more than 4 continuation applications.

Title IV: Seed and Biological Patents

1.) Living organisms, including seeds, are not patentable material.
2.) Thus, patents for animal and plant DNA are rendered invalid.

1.) In any civil action against a farmer alleging infringement of a patented seed licensing agreement, the court shall determine the origin of the seeds in question. If it is determined by clear and convincing evidence that the unlicensed seeds were illegally purchased by a farmer, the farmer shall be liable to the patent holder for the cost of the seed, the cost of court filings, and the reasonable costs of the investigation. If however it is shown by preponderance of the evidence that the farmer did not purposefully acquire and then plant the patented seeds, the patent holder shall be liable to the farmer for all legal expenses as well as treble damages on the value of the crop yield.

2.) Venue for the case shall be the District Court of the place where the alleged infringement occurred.

Title V: Software patents

1.) Software patents shall pertain solely to enabled code without regard to means or function of code.

Title VI: Protection for human DNA combinations

1.) Human DNA combinations shall not be patentable subject matter under terms of the Patent Act of 1952.

Title VII: Time period limits

1.) Patents for biologic drugs shall expire after ten years.

2.) Genetic patents shall expire after fifteen years.

3.) Software patents shall expire after eight years

Title VIII: International patent applications

1.) All patent applications must be filed in English.

People's House of Representatives
Rejected in the House of Representatives 1-5-0-3

Sponsor: MB
House Designation: HR 18-16

[Esteemed Jimmy]

HB 18-16 is now on the House floor. Debate on this legislation has begun and shall last for no less than 72 hours.

[Esteemed Jimmy]

I think these changes are good, so I support this bill.

[Mr. Reactionary]

Im curious if anyone will mention the negatives or economic impact ...

[lfromnj]

Skimmed through it Right now will due a full reading Right now But I do generally dislike Patent Abusing. I do understand the inventor's need to have some protection over their time/ideas but the increase of patent abuse is a major problem. I do disagree with the no animal DNA provision.

[Mr. Reactionary]

Skimmed through it Right now will due a full reading Right now But I do generally dislike Patent Abusing. I do understand the inventor's need to have some protection over their time/ideas but the increase of patent abuse is a major problem. I do disagree with the no animal DNA provision.

The only change under this bill from existing Atlasian law is that this bill eliminates all seed patents immediately which is reckless, especially since we already have very anti Monsanto protections in law already.

[fhtagn]

Skimmed through it Right now will due a full reading Right now But I do generally dislike Patent Abusing. I do understand the inventor's need to have some protection over their time/ideas but the increase of patent abuse is a major problem. I do disagree with the no animal DNA provision.

The only change under this bill from existing Atlasian law is that this bill eliminates all seed patents immediately which is reckless, especially since we already have very anti Monsanto protections in law already.

Is the sponsor aware of those protections?

Seems like that would arguably make this bill unnecessary in that case, unless they can cite other reasons for it.

[Mr. Reactionary]

Skimmed through it Right now will due a full reading Right now But I do generally dislike Patent Abusing. I do understand the inventor's need to have some protection over their time/ideas but the increase of patent abuse is a major problem. I do disagree with the no animal DNA provision.

The only change under this bill from existing Atlasian law is that this bill eliminates all seed patents immediately which is reckless, especially since we already have very anti Monsanto protections in law already.

Is the sponsor aware of those protections?

Seems like that would arguably make this bill unnecessary in that case, unless they can cite other reasons for it.

He struck through them so I assume he knows

[Esteemed Jimmy]

Does anyone have anything else to add?

[Esteemed Jimmy]

I motion for a final vote. Representatives have 24 hours for objections.

[fhtagn]

Objecting because I'd like the sponsor to address Mr. Reactionary's concerns.

[Esteemed Jimmy]

Objecting because I'd like the sponsor to address Mr. Reactionary's concerns.

Withdrawing the motion.

[Dr. MB]

I didn't introduce this bill to be anti-Monsanto, I introduced it because patenting genetic material should be illegal, plain and simple - that includes animal and plant DNA. Living things shouldn't be subject to claiming or ownership by anybody, and I don't see a need to explain more.

[lfromnj]

I didn't introduce this bill to be anti-Monsanto, I introduced it because patenting genetic material should be illegal, plain and simple - that includes animal and plant DNA. Living things shouldn't be subject to claiming or ownership by anybody, and I don't see a need to explain more.

That's absurd. If the idea of a patent should exist then companies can spend millions of dollars modifying a genetic code to get the best performing animal/plant for a specific purpose but it can just be taken by another company? But if it was a non living thing it doesn't matter?.

[Dr. MB]

I didn't introduce this bill to be anti-Monsanto, I introduced it because patenting genetic material should be illegal, plain and simple - that includes animal and plant DNA. Living things shouldn't be subject to claiming or ownership by anybody, and I don't see a need to explain more.

That's absurd. If the idea of a patent should exist then companies can spend millions of dollars modifying a genetic code to get the best performing animal/plant for a specific purpose but it can just be taken by another company? But if it was a non living thing it doesn't matter?.

Pretty much.

[Mr. Reactionary]

Im working on confirming the active number but a quick Google search suggests there are over 17,000 seed patents. Thats a massive cancellation without compensation considering the investment, fees, and reliance on federal promises.

[Esteemed Jimmy]

Does anyone have anything else to add?

[fhtagn]

I cannot support legislation that has not taken into account the negative impacts of passing something like this prior to introducing it.

[Esteemed Jimmy]

Does anyone have anything else to add?

[Esteemed Jimmy]

I no longer support this bill for the reasons outlined here.

I motion for a final vote. Representatives have 24 hours for objections.

[Esteemed Jimmy]

A final vote has begun on this bill. Please vote AYE, NAY, or ABSTAIN.

HOUSE BILL

To reform federal patent policy


Be it enacted by the Congress of the Republic of Atlasia assembled

Title of Act:

This legislation may be cited as the Patent Reform Act of 2019.

Substance

F.L. 10-1, the Patent Reform Act of 2017, is amended to read as follows, renumbering accordingly:

Title I: Rules of Civil Procedure in Patent Cases

1.) Any person who files a civil action alleging patent infringement must include the following information in their court pleadings:

A) The registered number of any patent at issue
B) All claims necessary to produce the identification of each instrumentality or process alleged to infringe any claim of each patent allegedly infringed
C) The name, model number, or description of each accused instrumentality
D) Each element necessary to prove each claim against each instrumentality
E) The Authority of the party alleging infringement to assert each patent
F) Grounds for jurisdiction.

2.) The prevailing party in a patent infringement case may petition the Court for reasonable legal fees, and the presiding Judge shall grant the petition, unless:

A) The non-prevailing party was reasonably justified in their legal and factual argument, or
B) Special circumstances, such as severe economic hardship to a named inventor, make an award unjust.

3.) A defendant in a patent infringement case who is being sued solely as an end-user or retailer of a composite product may petition the court to be dismissed as a defendant provided:

A) The Manufacturer of the composite product is a party to the lawsuit, and
B) The end-user or retailer agrees to be bound on issues of law.

4.) A defendant in a patent infringement case may petition the court for a stay of discovery:

A) Pending a motion to dismiss,
B) when the plaintiff is granted a preliminary injunction to prevent economic activity, or
C) during drug and biological product applications.

Title II: Patent Infringement Demand Letters

1.) The sending of purposefully evasive demand letters to end users or retailers, without identifying the registered number of any patent allegedly being infringed or the identity of the patent holder, shall be considered a fraudulent and deceptive trade practice.

2.) The Federal Trade Commission is hereby authorized to investigate complaints of evasive demand letters, assess penalties on violators, and petition federal courts for an injunction against violators.

Title III: Evergreen Patents and Medicine

1a.) It shall be unlawful for any holder of an expiring drug or biological patent to offer or make any payment to a manufacturer or distributor of generic drugs or biologics in exchange for delaying future sales of the generic drug.

1b.) No method or process patent may be granted for drugs that are protected under existing patents.  All existing process or method patents for drugs shall be null upon passage of this act.

2.) The Patent and Trademark Office (PTO) shall not grant a patent holder more than 4 continuation applications.

Title IV: Seed and Biological Patents

1.) Living organisms, including seeds, are not patentable material.
2.) Thus, patents for animal and plant DNA are rendered invalid.

1.) In any civil action against a farmer alleging infringement of a patented seed licensing agreement, the court shall determine the origin of the seeds in question. If it is determined by clear and convincing evidence that the unlicensed seeds were illegally purchased by a farmer, the farmer shall be liable to the patent holder for the cost of the seed, the cost of court filings, and the reasonable costs of the investigation. If however it is shown by preponderance of the evidence that the farmer did not purposefully acquire and then plant the patented seeds, the patent holder shall be liable to the farmer for all legal expenses as well as treble damages on the value of the crop yield.

2.) Venue for the case shall be the District Court of the place where the alleged infringement occurred.

Title V: Software patents

1.) Software patents shall pertain solely to enabled code without regard to means or function of code.

Title VI: Protection for human DNA combinations

1.) Human DNA combinations shall not be patentable subject matter under terms of the Patent Act of 1952.

Title VII: Time period limits

1.) Patents for biologic drugs shall expire after ten years.

2.) Genetic patents shall expire after fifteen years.

3.) Software patents shall expire after eight years

Title VIII: International patent applications

1.) All patent applications must be filed in English.

[Esteemed Jimmy]

Nay

[lfromnj]

Nay- Seeds should be considered patent able technology.

[fhtagn]

Nay

[#TheShadowyAbyss]

Aye