NMHC/NAA are urging Congress to pass legislation that brings greater transparency and efficiency to patent regulation and enforcement. We are also asking lawmakers to strengthen disincentives to fraud and abuse, including predatory demand letters. Claims have involved off-the-shelf technology products, web-based marketing and transaction platforms, and even routine construction practices.
There is bipartisan support in Congress to curb the problem. But differences remain over several aspects of the issue, especially litigation procedures, standards of evidence and payment of fees by the losing party to an enforcement action. Lawmakers must balance disincentives for abuse with opportunities for legitimate claims. This also needs to be done in a way that won’t limit research and development for the pharmaceutical industry and a range of other sectors.