The nullification of recent Trump Administration regulations is yet another item on the busy agenda for congressional Democrats in the 117th Congress. With Democrats holding both the presidency and narrow majorities in both chambers of Congress, some Democrats have advocated using the Congressional Review Act (CRA) to repeal Trump-era rules finalized after August 21,
Matthew Shapanka
USPTO Uses CARES Act Authority to Extend Deadlines for Patent and Trademark Owners and Applicants
The recently enacted Coronavirus Aid, Relief, and Economic Security (“CARES”) Act contains a little-known provision to protect inventors during the ongoing COVID-19 pandemic. Section 12004 of the CARES Act grants the U.S. Patent and Trademark Office (“USPTO”) director the temporary authority to “toll, waive, adjust, or modify, any timing deadline” established by federal patent or…
CARES Act Will Support Internet Connectivity for Remote Education, Healthcare, and Work
As millions of American workers, students, and patients stay home to help combat the novel coronavirus (COVID-19), the $2 trillion Coronavirus Aid, Relief, and Economic Security (CARES) Act includes funding for the transition to remote life among its many relief provisions. With specific funding for broadband connections, distance learning, telehealth, and telework, the CARES Act…
Congress Likely to Pursue Legislation in 2020 to Address the Constitutionality of Patent Trial and Appeal Board Judges
The America Invents Act (“AIA”) may be back on Congress’s agenda this year. Enacted in 2011, the AIA established the Patent Trial and Appeal Board (“PTAB”) to adjudicate patentability disputes. The Board is composed of administrative patent judges (APJs) who are appointed by the U.S. Secretary of Commerce and removable by either the Secretary or…
Multiple Bipartisan 5G Wireless Bills Advance in Congress
5G wireless technology has captured the attention of Congress. At least 30 5G-related bills have been introduced in the House and Senate this Congress, signaling widespread interest by lawmakers in 5G. Several of these bills, addressing a range of issues including national security concerns, the promotion of U.S. leadership in international 5G standards-setting bodies, and…
Bipartisan, Bicameral IDEA Act Seeks to Improve Diversity of Patent Applicants
A bipartisan, bicameral group of members of Congress introduced the Inventor Diversity for Economic Advancement (IDEA) Act to ensure that policy makers and researchers have the tools they need to study diversity among inventors holding U.S. patents. Representative Nydia Velázquez (D-NY), Representative Steve Stivers (R-OH), Senator Thom Tillis (R-NC) and Senator Mazie Hirono (D-HI) introduced…
Montana Federal Court Halts IRS Policy that Eliminated Reporting of Donor Information
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Senate Commerce Committee Unanimously Passes Two Bipartisan 5G Bills
Last week, the Senate Commerce Committee held a markup where it unanimously passed two pieces of legislation aimed at improving U.S. fifth-generation wireless network (5G) security measures out of committee: the Secure 5G and Beyond Act (S. 893) and the United States 5G Leadership Act (S. 1625). These bills—passed as Congress, the Administration, and…
Senate Committee Holds Hearings on New Bipartisan, Bicameral Proposal to Reform Section 101 of the Patent Act
This week, the Senate Judiciary Subcommittee on Intellectual Property held the first two of a three-part series of hearings on “The State of Patent Eligibility in America.” The hearings are part of an ongoing bipartisan congressional effort to reform section 101 of the Patent Act to address confusion over patent eligibility wrought by more than…
USPTO INCREASES FOCUS ON DIVERSITY IN PATENTING WITH NEW REPORT ON WOMEN INVENTORS
The U.S. Patent and Trademark Office’s (“USPTO”) Office of the Chief Economist released a new report last week examining women inventor trends in the United States from 1976 to 2016. The study showed that only 21 percent of U.S. patents granted during that 40-year period include at least one woman listed as an inventor. Despite…