Letter voicing your concerns about the America Invents Act

We are writing to raise our concerns regarding the America Invents Act of 2011, formerly known as the Patent Reform Act of 2011.

This bill contains provisions that will create uncertainty and weaken the enforceability of validly issued patents, particularly when it comes to post-grant opposition proceedings and prior user right. These are changes which will negatively impact many constituents of the patent system, but particularly the early stage innovator -- the creator of much of our nation's future job growth.

We are also particularly troubled by the first-inventor-to file provision in the bill. There are not only legitimate constitutional concerns that must be addressed, but the proposed elimination of the current grace period will also negatively impact the small, early stage entrepreneur.

Some suggest that this bill should proceed in the name of harmonization. We disagree. There is no compelling reason why our best-in-class patent system ought to be "harmonized" with other international systems that are in many ways inferior to the US's system.

The most productive place for reform is not rewriting US patent law, but instead on improving the functioning and funding of the U.S. Patent and Trademark Office. Focusing "reform" on improving the U.S.P.T.O. will to not only have the greatest impact, but also to "do no harm" to our current patent law, the best and most productive system for encouraging innovation and job growth in the world.

Thank you for considering our views on this crucial matter.

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