Influencing the Business and Political Landscape for Entrepreneurs

Public policy is one of the major strengths and differentiators of the Council. As the leading policy voice for information technology companies in Massachusetts, the Council has worked closely and effectively with key Massachusetts state officials and Members of Congress for well over a decade. The Council is proactively engaged in ongoing dialogue about the potential impact of state and federal legislation on the software and technology industry.

 

Updates

 

  • Patent Reform

We urge Congress to enact patent reform legislation to 1) improve enforcement, and 2) enhance quality.

RESTORE BALANCE AND FAIRNESS IN ENFORCEMENT

Congress should focus on four key areas where changes are needed to improve enforcement:

      1. Clarify that a patentee is entitled to claim damages only on the proportion of the allegedly infringing product attributable to the patent.  Damages claims should not include  all the other non-related features and elements that may be also included within a multi-faceted product or system;
      2. Recalibrate the standard for an award of punitive damages for willful infringement to address only truly reprehensible conduct  thereby encouraging research and innovation;
      3. Ensure venue standards preclude “gaming the system” through forum-shopping and lawsuits should be resolved in a forum that has a reasonable connection to the underlying claim. and
      4. Repeal section 271(f) of the existing patent statute to avoid discouraging research and development work done inside the United States.

ENHANCE QUALITY

Strong patent quality promotes confidence in the patent system, fosters competition and spurs innovation.  A questionable patent causes competitors to forego research and development, fearful of the risks that may be involved.   

Congress should focus on four key areas that will promote the issuance of higher quality patents:

      • Enhance post-issuance processes to provide a second chance for the PTO to apply its expertise to intercept bad patents;
      • Curtail abusive continuation practices that permit applicants to amend their patent applications which  lead to endless chains of patents with ever-broader claims;
      • Increase the ability to consider prior art, and develop better processes for building a contemporaneous record that reflects the extent of the examination by the patent examiner; and
      • Provide adequate PTO training and funding.
  • Legislature/Governor Approve Council-Supported Initiatives in Economic Stimulus Legislation

In June, the legislature approved and the Governor signed major economic stimulus legislation (H.5057), which includes several initiatives supported by the Mass Technology Leadership Council.  The legislation:

 

  • Provides funding for science, technology, engineering and math (STEM) education through the STEM Pipeline Fund;
  • Provides funding for the Commonwealth Information Technology Initiative (CITI) which supports educational technology in higher education;
  • Establishes the Robert H. Goddard Council to review STEM needs and programs; includes the Mass Technology Leadership Council President or designee as one of the Governor's appointees to the council;
  • Creates a Wireless/Broadband Department within Mass Office of Business Development; creates Wireless/Broadband Council; and appropriates $1M for Fund to support wireless and broadband development; and
  • Provides funding to continue the work of the UMass Tech Transfer Center.