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Taxing the Patent Laws

By Anthony W. Shaw

This past October, Rep. Howard Berman (D. Calif.) introduced the Patent Quality Assistance Act of 2004 (H.R. 5299, the “PQA Act”). The PQA Act seeks to implement many of the recommendations of the much-publicized FTC (October 2003) and National Research Council (April 2004) reports. The bill has been referred to the Judiciary Committee, which is not expected to act on it before the end of the 108th Congress. Rep. Berman introduced the bill at the end of this Congress, however, “with the intent of framing the debate going into the 109th Congress.” 150 Cong. Rec. 1935.

This, of course, is not the first time Rep. Berman has proposed legislation affecting patents. On Oct. 3, 2000, for example, he introduced the “Business Method Patent Improvement Act of 2000″ (H.R. 5364, the “2000 BMPI Act”). On April 3, 2001, he introduced two bills, one having the same name and purposes as the 2000 BMPI Act (H.R. 1332) and the “Patent Improvement Act of 2001″ (H.R. 1333).

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