In his keynote address at the annual AIPLA meeting luncheon in Washington DC on Thursday, Griswold characterized IP reform bills HR 1908 and S1145 (which has yet to make it to the Senate floor) as “the most important pieces of legislation in the last 50 years, and some say since 1836”.
As chair of the Coalition for 21st Century Patent Reform, Griswold is playing a key role in the debate about US patent law reform. The Coalition, whose members also include Procter & Gamble and Boston Scientific, is opposed to many of the proposed reforms, including the prior art subtraction requirement.
But Griswold told his audience that practitioners on both sides of the debate need to weigh in on the proposed legislation.
“We are the stewards of the patent system, and we have an obligation,” he said. “We need to produce a good piece of work, and I know we can count on everyone in this room to do that.”
On September 7, the House of Representatives passed HR 1908 by 220 votes to 175, following a two-hour debate. The bill has sparked controversy in some IP circles, chiefly due to its provisions on post-grant oppositions and damages.
Since then, attention has been turned to negotiating the Senate bill, but Griswold appeared sceptical that it would be debated by the Senate this session.
“I believe it’s more likely to go to the floor when the stakeholders get together to discuss the issues,” he said. “Whether that’s this session or next year, or ever, I’m not sure. It will be difficult this year though because there are 10 to 12 holds on the bill, so having it come to the floor will take a lot of time.”
Griswold also emphasized that the various recent Supreme Court decisions, as well as the impending USPTO rule changes, have changed the landscape of patent reform to some extent. “The USPTO rules have got everyone’s attention,” he said. “The GlaxoSmithKline lawsuit will be interesting to follow.”
