Members of Congress voiced concerns last month about the transitional business methods programme mandated by the America Invents Act, calling it "gross unfairness" and special interest legislation. The first oversight hearing on implementation of the AIA included testimony by USPTO director David Kappos, intense questioning by members of the House and a panel of stakeholders representing various sectors. To date, seven provisions of the AIA are already in effect, and notices of rulemaking have been published for nine others. Some congress members voiced concern about the business methods review programme, which would allow business methods meeting certain criteria to be challenged and reviewed by the USPTO under a special process. The intent is to weed out weak patents in this area, which many say are common. But Congresswoman Maxine Waters of California, who voted to strike the section relating to covered business methods from the bill, said that the provision blatantly favours the financial services industry at the expense of innovation. She and others fear that the provision is so broad as to put all financial-related inventions at risk, discouraging innovation in the area and disproportionately benefiting financial services companies, who will avoid having to license the technology.
