Potential impact of presidential election result on patent legislation

Posted on 11 November 2016. Source: Law360

Law360, New York (November 10, 2016, 8:13 PM EST) - Legislation aimed at curbing abusive patent litigation, which has been pending in Congress for several years, is likely to stall once President-elect Donald Trump takes office, attorneys say, since his views on patent law are largely unknown and the issue will be low on his agenda.

Measures that would restrict where patent suits can be filed or require more detailed infringement allegations have had support in Congress and from outgoing President Barack Obama and Democratic candidate Hillary Clinton. Trump said almost nothing about intellectual property on the campaign trail, however.

"Timingwise, there seems to be a lot of topics that have a far higher priority for him," said Mark Raskin of Mishcon de Reya New York LLP. "I don’t think they’re going to jump into patent reform in the first hundred days. That wouldn’t really satisfy the people who voted for him."

"If you look at his history, he’s said he’s very pro-business and he’s made a lot of statements about being pro-small business," Raskin said. "He himself has taken huge advantage of U.S. intellectual property laws, especially with respect to trademarks. His brand is the most valuable thing to him, and that kind of thinking could carry over to the patent side."

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