Line drawing in the patent reform debate — my take on the small entity/status quo discussion
There is a great “discussion” on the patent blogs about line-drawing on the reform issue. Dennis Crouch sees three “major coalitions” forming (basically, Big Tech, Big Pharma, and small entities) and states that the last group has the goal of keeping the status quo. Steve Nipper sharply disagrees with Crouch’s status quo assessment of the small entity group and details his projections regarding the position of this group on the various reform proposals.
My take — settle down guys, you’re both right.
Based on the record, it is clear that small entities, which includes individual inventors, adamantly oppose changing the injunctive relief provision of the patent law. As I’ve said before, the injunctive relief provision stands to be the most controversial and hotly debated of all the proposals.
Dennis is right – on this specific reform proposal, small entities wish to preserve the status quo.
Steve mistakenly took the status quo comment to mean that small entities are opposed to all of the reform proposals and wish to preserve the status quo across the board. This isn’t true, and I know it’s not the meaning Dennis intended.
Steve is right – small entities have expressed support for many of the reform proposals that are on the table.
The record makes it clear that small entities are passionate about the importance of improving our patent system and increasing the quality of the patents it produces. The prepared statements of Nathan Myhrvold, William Parker, and Dean Kamen from the recent oversight hearings make this very clear. (you can download these statements from the “Patent Reform Resources” sidebar).
No one would argue otherwise, and I know Dennis didn’t intend for his comment to be taken that way.
Both Steve and Dennis have promised me that they’ll still sit at the same table at the next patent blogger dinner.
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