Patent Reform Act of 2009 - Advocacy For and Against

Advocacy For and Against

Those who opposed the bill argued that the proposed revisions favored patent violators over inventors. SEC public records indicate that the seven corporations who lead the Coalition for Patent Fairness, which supported the bill from 1996-2006, paid about half of all patent related awards during the same period. The opposition claims that narrowing the definition of patent infringement based on location and administration, while reducing the consequences of violations, will hinder U.S. innovation, a patent owner's ability to enforce rights, and global competitiveness. Also argued is that patent reform should remain in the hands of the court system.

Proponents of the bill suggested that technology companies were subject to an unprecedented wave of patent lawsuits, stifling innovation and creating an overburdened and lethargic patent system. Advocates for the legislation argued that it would create jobs, bolster innovation, streamline the patent system, reduce patent litigation, and keep the U.S. competitive globally.

Supporters also credited the bill with creating more specific criteria for calculating damages in royalty cases, while the opposition believed that criteria would reduce the award payments of patent violators, reducing the incentive for investors to fund new innovations in the U.S.