Coalition for 21st Century Patent Reform
Encyclopedia
The Coalition for 21st Century Patent Reform (CFCPR) is an ad hoc
organization of companies who are lobbying
for reforms to the US patent
system. They are opposed to various provision of the Patent Reform Act of 2007
, including its limitations for damages due to patent infringement
, and the "second window" post-grant review.
Ad hoc
Ad hoc is a Latin phrase meaning "for this". It generally signifies a solution designed for a specific problem or task, non-generalizable, and not intended to be able to be adapted to other purposes. Compare A priori....
organization of companies who are lobbying
Lobbying
Lobbying is the act of attempting to influence decisions made by officials in the government, most often legislators or members of regulatory agencies. Lobbying is done by various people or groups, from private-sector individuals or corporations, fellow legislators or government officials, or...
for reforms to the US patent
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....
system. They are opposed to various provision of the Patent Reform Act of 2007
Patent Reform Act of 2007
The Patent Reform Act of 2007 is a proposal introduced in the 110th United States Congress for changes in United States patent law. Democratic Congressman Howard Berman introduced the House of Representatives bill on April 18, 2007. Democratic Party Senator Patrick Leahy introduced the Senate bill...
, including its limitations for damages due to patent infringement
Patent infringement
Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may vary by jurisdiction, but it typically includes using or...
, and the "second window" post-grant review.
Principles
The CFCPR believes that the following principles should drive patent reform- "Provide the USPTO with adequate resources to assure quality examination of all patent applicationPatent applicationA patent application is a request pending at a patent office for the grant of a patent for the invention described and claimed by that application. An application consists of a description of the invention , together with official forms and correspondence relating to the application...
s." - "Significantly limit 'subjective elements in patent litigation. These include the 'inequitable conduct' defense to a patent's enforceability, awarding punitive damages based upon 'willful infringement', and the 'best mode requirement."
- "Enact the NASUnited States National Academy of SciencesThe National Academy of Sciences is a corporation in the United States whose members serve pro bono as "advisers to the nation on science, engineering, and medicine." As a national academy, new members of the organization are elected annually by current members, based on their distinguished and...
-recommended harmonizing changes to the U.S. patent laws, i.e., adopt the first-inventor-to-fileFirst to file and first to inventFirst to file and first to invent are legal concepts that define who has the right to the grant of a patent for an invention. The first-to-file system is used in all countries except for the United States, which will switch to a first-to-file system on March 16, 2013 after the enactment of the...
principle and eliminate the "best mode" requirement." - "Provide an "open review" (post-grant opposition) procedure that facilitates challenging questionable patents in the USPTO."
Membership
The membership of the Coalition for 21st Century Patent Reform includes nearly 50 companies from 19 different industries- 3M3M3M Company , formerly known as the Minnesota Mining and Manufacturing Company, is an American multinational conglomerate corporation based in Maplewood, Minnesota, United States....
- Caterpillar Inc.Caterpillar Inc.Caterpillar Inc. , also known as "CAT", designs, manufactures, markets and sells machinery and engines and sells financial products and insurance to customers via a worldwide dealer network. Caterpillar is the world's largest manufacturer of construction and mining equipment, diesel and natural gas...
- Eli Lilly and CompanyEli Lilly and CompanyEli Lilly and Company is a global pharmaceutical company. Eli Lilly's global headquarters is located in Indianapolis, Indiana, in the United States...
- General ElectricGeneral ElectricGeneral Electric Company , or GE, is an American multinational conglomerate corporation incorporated in Schenectady, New York and headquartered in Fairfield, Connecticut, United States...
- Johnson & JohnsonJohnson & JohnsonJohnson & Johnson is an American multinational pharmaceutical, medical devices and consumer packaged goods manufacturer founded in 1886. Its common stock is a component of the Dow Jones Industrial Average and the company is listed among the Fortune 500....
- Procter & GambleProcter & GambleProcter & Gamble is a Fortune 500 American multinational corporation headquartered in downtown Cincinnati, Ohio and manufactures a wide range of consumer goods....
Steering committee
- Steven Miller, Procter & Gamble Vice President and General Counsel Intellectual Property
- Gary Griswald, 3M