{"id":88,"date":"2003-10-30T10:00:00","date_gmt":"2003-10-30T18:00:00","guid":{"rendered":"http:\/\/www.netjeff.com\/wp\/?p=88"},"modified":"2007-12-30T16:29:45","modified_gmt":"2007-12-31T00:29:45","slug":"ftc-says-the-patent-system-needs-to-be-changed","status":"publish","type":"post","link":"https:\/\/www.netjeff.com\/wp\/?p=88","title":{"rendered":"FTC says the patent system needs to be changed"},"content":{"rendered":"<p><strong><font color=\"maroon\">For Release:<\/font>      <\/strong>October 28, 2003<font size=\"3\"><strong>FTC Issues Report      on How to Promote Innovation Through Balancing Competition      with Patent Law and Policy<\/strong><\/font><\/p>\n<p>The Federal Trade Commission today issued its report on how      to promote innovation by finding the proper balance of competition      and patent law and policy. Although both competition in markets      and patents for inventors can work together to foster innovation,      the report states that each policy requires a proper balance      with the other to do so. \"Consumers and innovators win      when patents and competition policy are aligned in the proper      balance. Although questionable patents can harm competition      and innovation, valid patents work well with competition to      promote innovation. This Report analyzes and makes recommendations      for the patent system to maintain the proper balance with      competition,\" said Timothy J. Muris, FTC Chairman.<\/p>\n<p>Today's report &#8211; which makes      recommendations for the patent system &#8211; is the first      of two reports about how to maintain that balance. A forthcoming      second report by the FTC and the Antitrust Division of the      Department of Justice (DOJ) will make similar recommendations      for antitrust law.<\/p>\n<p>Among the ten recommendations of today's      report, the FTC proposes legislative and regulatory changes      to improve patent quality. Patents of questionable validity      can slow further innovation and raise costs to consumers.      Specifically, the report recommends:<\/p>\n<ul>\n<li>Creating a new administrative procedure that will make        it easier for firms to challenge a patent's validity        at the U.S. Patent and Trademark Office (PTO), without having        to raise an expensive and time-consuming federal court challenge;        and<\/li>\n<li>Allowing courts to find patents invalid based on the preponderance        of the evidence, without having to find that clear and convincing        evidence compels that result. The current standard of \"clear        and convincing evidence\" undermines courts'        ability to weed<br \/>\nout questionable patents. This is especially troubling,        since certain PTO procedures and rules tend to favor the        issuance of patents.<\/li>\n<\/ul>\n<p><!--more--> The report also recommends that <a name=\"cutid1\"><\/a>Congress       limit the award of treble damages for willful patent infringement.       Some hearings participants explained that they do not read       their competitors' patents because of concern that learning       about others' innovations will expose them to treble       damages infringement liability. Failure to read competitors'       patents, however, can harm innovation and competition. The       FTC's recommended legislative change would allow firms       to<br \/>\nread patents to learn about new innovations and to survey       the patent landscape to assess potential infringement issues,       yet would retain a viable willfulness doctrine that protects       both wronged patentees and competition.<\/p>\n<p>The FTC also outlines in the report several       steps it will take to increase communication between the antitrust       enforcement agencies such as the FTC and the PTO. In particular,       the FTC will:<\/p>\n<ul>\n<li>Continue to file amicus briefs in important patent cases         that affect competition;<\/li>\n<li>Ask the PTO Director in appropriate circumstances to reexamine         questionable patents that raise competitive concerns; and<\/li>\n<li>Urge the creation of a Liaison Panel between the FTC,         the DOJ, and the PTO to permit the exchange of policy views         on important issues as they arise.<\/li>\n<\/ul>\n<p>Today's report stems from hearings       that the FTC and the DOJ convened in February 2002. The hearings       took place over 24 days and involved more than 300 panelists.       The antitrust agencies heard perspectives from business representatives       from large and small firms, the independent inventor community,       leading patent and antitrust organizations and practitioners,       and scholars in economics and patent and antitrust law. Business       representatives were mostly from high-tech industries: pharmaceuticals,       biotechnology, computer hardware and software, and the Internet.       In addition, the FTC received about 100 written submissions.<\/p>\n<p>The Commission vote to approve the report       was 5-0.<br \/>\n<strong><font color=\"maroon\">MEDIA CONTACT:<\/font><\/strong><\/p>\n<blockquote><p><em>Office of Public Affairs<\/em><br \/>\n202-326-2180<\/p><\/blockquote>\n<p><font color=\"maroon\"><strong>STAFF CONTACT:<\/strong><\/font><\/p>\n<blockquote><p>Susan S. DeSanti<br \/>\n<em>Office of the General Counsel<\/em><br \/>\n202-326-2167<\/p><\/blockquote>\n<p>(<a href=\"http:\/\/www.ftc.gov\/opa\/2003\/10\/cpreport.h\" class=\"linkification-ext\" title=\"Linkification: http:\/\/www.ftc.gov\/opa\/2003\/10\/cpreport.h\">http:\/\/www.ftc.gov\/opa\/2003\/10\/cpreport.h<\/a><wbr><\/wbr>tm)<\/p>\n","protected":false},"excerpt":{"rendered":"<p>For Release: October 28, 2003FTC Issues Report on How to Promote Innovation Through Balancing Competition with Patent Law and Policy The Federal Trade Commission today issued its report on how to promote innovation by finding the proper balance of competition and patent law and policy. <a class=\"more-link\" href=\"https:\/\/www.netjeff.com\/wp\/?p=88\">Read More &#8230;<\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[12],"tags":[],"class_list":["post-88","post","type-post","status-publish","format-standard","hentry","category-politics"],"_links":{"self":[{"href":"https:\/\/www.netjeff.com\/wp\/index.php?rest_route=\/wp\/v2\/posts\/88","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.netjeff.com\/wp\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.netjeff.com\/wp\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.netjeff.com\/wp\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.netjeff.com\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=88"}],"version-history":[{"count":0,"href":"https:\/\/www.netjeff.com\/wp\/index.php?rest_route=\/wp\/v2\/posts\/88\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.netjeff.com\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=88"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.netjeff.com\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=88"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.netjeff.com\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=88"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}