Yesterday, the Senate Judiciary Committee approved the PATENT Act by a vote of 16 to 4, with only Senators Dick Durbin (D-IL), Chris Coons (D-DE), David Vitter (R-LA), and Ted Cruz (R-TX) voting against it.
During consideration of the bill, the Committee approved an amendment offered by John Cornyn (R-TX) that alters the definition of micro-entity status in a way that is potentially helpful to universities, technology transfer organizations, and research foundations. The panel also approved the manager’s amendment, which among other changes, clarifies that the burden is on the prevailing party to demonstrate that it is entitled to fee shifting, a provision which universities support.
The bill now waits for time by the Full Senate.
The House is now seeing motion on HR 9, the Innovation Act. The measure has been somewhat difficult to move due to substantial opposition by stakeholders, including higher education, which was not voiced last Congress when the measure passed overwhelmingly. The House is expected to potentially mark up the bill, with changes, late next week.