HB 21-05: Patent Reform Act of 2019

[Pericles]

A 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 Regional Senate
Passed 5-0 in the Atlasian Senate Assembled,

House of Representatives

Sponsor:
House Designation: HB 21-05

[Pericles]

This needs a sponsor.

[RC (a la Frémont)]

I will assume sponsorship

[Pericles]

24 hours to object to ReaganClinton sponsoring this.

[thumb21]

This seems like a common sense bill, I'll be voting in favour.

[JGibson]

I'll vote in favor of this.

[Pericles]

ReaganClinton is recognized as the sponsor and is invited to speak on this bill.

[RC (a la Frémont)]

It’s a simple, common sense amendment. Patenting biological material is asinine. Now, in the cases that a new invention comes along and uses biological material to help people is completely fine, but when you’re looking at something like the medical field where these materials are being used in monopolized medicines for outrageous prices, that’s when it becomes a problem. It would be beneficial if we could seriously render this an issue of the past.

[thumb21]

Doesn't seem to be much debate.

Motion for a final vote.

[Pericles]

24 hours to object to the final vote motion.

[Pericles]

A final vote has started on this bill, Representatives have 72 hours to vote Aye, Nay or Abstain.

[fhtagn]

Nay

[Elcaspar]

Aye

[Blair]

aye

[At-Large Senator LouisvilleThunder]

Aye

[RC (a la Frémont)]

Aye

[JGibson]

AYE

[thumb21]

Aye

[Pericles]

This bill passes 6-1-0-2.
Aye; 6 (Elcaspar, Blair, LouisvilleThunder, ReaganClinton, JGibson, thumb21)
Nay; 1 (fhtagn)
Abstaining; 0
Not voting; 2 (razze, YE)

[Pericles]

A 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 Regional Senate
Passed 5-0 in the Atlasian Senate Assembled,

House of Representatives
Passed 6-1-0-2 in the Atlasian House Assembed