Medical tools org calls for surgery on Bill

On 19 June, the Medical Devices Manufacturers Association (MDMA) issued a press release and letter challenging key aspects of the US Patent Reform Bill, currently awaiting a House reading at full Committee level. The body, backed in its letter by 200 co-signatories, fears that some of its clauses could damage the US patent system and hinder the country’s economic performance.

In its letter, the MDMA says: ‘The value America places on intellectual property has driven huge investments in research and development and resulted in critical inventions in virtually every field of endeavour. As Congress moves forward with its efforts to modernise the patent system, it must do so in a way that values and advances all American innovators.’

The letter asks for four major changes to the Bill:

• Clauses stating that infringement damages should be linked to a patent’s improvement on prior art should be axed, as judges and juries will be forced to make calculations for which they are ill equipped.
• Provisions for an open-ended, post-grant review system should be deleted, as they could lead to the harassment of patent holders, who need more certainty in their lives rather than less.
• The USPTO should not be given substantive rulemaking authority, as the US Constitution already charges Congress with the protection of IP. Re-delegating that authority would weaken Congress.
• If sweeping changes are, however, inevitable, grace periods should be written into the Bill to provide patent holders with time to adjust to any law changes, particularly where filing is concerned.
  

MDMA Executive Director, Mark Leahey, said: ‘The current Bill would severely undermine investment and innovation in every industry, including medical technology. The diverse nature of signatories [eg, CropLife America; the Small Business Technology Council and the NanoBusiness Alliance] demonstrates the far-reaching implications this legislation will have on the patent system and we urge Congress to make the recommended changes to ensure America’s innovation economy continues to flourish.’