First Street Report: Lobbying The America Invents Act

This morning, First Street hosted a roundtable discussion on intellectual property, patent reform and the American Invents Act.  The two panelists leading the discussion were Professors F. Scott Kieff and  John R. Thomas of George Washington and Georgetown University Law Schools, respectively.  In attendance were leading professionals from the intellectual property world, members of the First Street team and members of the press.  The event moderated by the First Street Research Group, highlighted differing views over the America Invents Act’s impact, as well as the necessary changes to patent reform in the future.  As part of the roundtable, First Street prepared a report detailing the lobbying activity that surrounded the America Invents Act.  Below are the highlights from the report as well as links to download it in its entirety.

Report Abstract: On September 16, 2011, President Obama signed the America Invents Act into law.  The America Invents Act represents the first time in almost 60 years that Congress has implemented large scale changes to the patent system in the United States.  Scholars and experts are already debating, at the First Street roundtable, the effects this reform will have on the future of the American intellectual property and patent system.  The published report uses data from the First Street platform to examine the relationships between the legislation, people, and organizations in the patent reform and intellectual property debate.

Download the Full First Street Report on Lobbying the America Invents Act

Legislation

·         Intellectual Property Bills

o   743 bills have been introduced since the 108th Congress dealing with intellectual property

o   500 of these bills, 67 percent, have been lobbied.

·         112 H.R.1249: Leahy-Smith America Invents Act

o   The Leahy-Smith America Invents Act, which passed the U.S. House of Representatives on June 23, 2011, is a bipartisan bicameral bill that enacts major changes to the United States patent system.

o   318 organizations lobbied H.R.1249.

§  These organizations spent over $400 million on all of their lobbying activity in 2011.

o   Over 1,000 lobbyists lobbied this bill in Congress.

§  10 of the lobbyists are former Members of Congress.

§  Over 280 are former congressional staffers.

§  Over 50 worked for the federal government.

·         112 S.23: America Invents Act

o   The America Invents Act, which passed the U.S.  Senate on March 8, 2011, is a major patent reform bill that calls for an overhaul to the United States patent system.

o   289 organizations lobbied S.23.

§  These organizations spent over $390 million on all of their lobbying activity in 2011.

o   Over 1,000 lobbyists lobbied this bill in Congress.

§  11 of the lobbyists are former Members of Congress.

§  Over 240 are former congressional staffers.

§  Over 50 worked for the federal government.

People

·         Rep. Lamar Smith (R-TX 21)

o   Rep. Smith is the sponsor of the Leahy-Smith America Invents Act (H.R.1249) and helped achieve passage of the bill in the U.S. House of Representatives.

o   Legislation: Rep. Smith has sponsored 26 bills related to intellectual property since the 108th Congress, 17 of which have been lobbied.

o   Donations: 141 PACs donated over $340,000 to Rep. Smith’s PAC, Lamar Smith for Texans in 2011.

o   Revolving Door: 6 current lobbyists formerly worked for Rep Smith. – 3 of them lobbied H.R.1249.

·         Sen. Patrick Leahy (D-VT)

o   Sen. Leahy is the sponsor of the America Invents Act (S.23) and has been the Senate flag bearer for major patent reform legislation.

o   Legislation: Sen. Leahy has sponsored 44 bills dealing with intellectual property since the 103rd Congress, 26 of which have been lobbied.

o   Donations: 25 PACs donated over $20,000 to Rep. Leahy’s Official PAC, Leahy for U.S. Senator Committee since 2011.

o   Revolving Door: 5 current lobbyists formerly worked for Sen. Leahy.

Organizations

·         United States Patent and Trademark Office

o   The USPTO is a federal agency in the Department of Commerce with jurisdiction over the patent system.

o   6 former high level USPTO officials have acted as registered lobbyists.

o   88 organizations lobbied the USPTO in 2011, spending over $100 million on all of their lobbying activity in 2011.

·         Coalition for 21st Century Patent Reform

o   The Coalition for 21st Century Patent Reform advocates for patent reform on behalf of a broad group of corporations and organizations and has actively lobbied the America Invents Act.

o   Legislation: Hired lobbying firms to lobby on 13 different patent and intellectual property bills since 2007.

o   Lobbying: Hired 3 different lobbying firms since 2007 and paid them over $6.5 million to lobby on their behalf.

o   Lobbyists: 13 lobbyists have lobbied on behalf of the Coalition for 21st Century Patent Reform in 2011.

§  1 of these lobbyists is a former Member of Congress.

§  7 of these lobbyists have previously worked for Congress.

·         Senate Committee on the Judiciary (Jurisdiction over Intellectual Property Issues)

o   The Senate Committee on Judiciary and its Subcommittee on Intellectual Property, Competition, and the Internet have jurisdiction over intellectual property issues.  The America Invents Act was referred to the Senate Committee on Judiciary for consideration when it was introduced in the U.S. Senate.

o   Revolving Door: Over 140 staffers that have worked for the Committee on the Judiciary have gone through the Revolving Door.

o   Legislation: The Committee has considered 284 bills related to intellectual property since the 108th Congress, and 213 (75%) of those bills have been lobbied.

Report Summary:  The significance of any proposed changes to the patent system is clear from the vast amount of lobbying surrounding the America Invents Act.  Any attempt to reform the patent system impacts a multitude of corporations and organizations in an array of industries.  The organizations and lobbyists that have lobbied this legislation spent large amounts of money to make sure their voices were heard in the debate.  The large revolving door presence surrounding patent reform demonstrates the important role that insider relationships play in this debate.  This report provides an in-depth look at the important relationships that surrounded the passage and implementation of patent reform.  The rest of the report further details the instrumental people, organizations and legislation with interests in patent and intellectual property reform

Download the Full Research Report on Lobbying the America Invents Act

Contact a CQ Press representative to learn more about this report, obtain its appendices or demo this groundbreaking product transforming the advocacy efforts of lobbying organizations, law firms, associations, and many others.

Trackbacks

  1. […] Wockhardt USA LLC Share this:EmailPrintTwitterFacebookStumbleUponLike this:LikeBe the first to like this post. Filed Under: Congressional Staff, Lobbying Organization, Revolving Door Tagged With: Intellectual Property, Pharmaceutical « First Street Report: Lobbying The America Invents Act […]

  2. […] been reported that in 2011 alone more than three quarter billion dollars was spent on lobbying. (“Lobbying The America Invents Act”) The Report stated the major premises of the act: “If the United States is to maintain its […]

  3. […] For more on the lobbying around the America Invents Act read our report. […]

  4. […] been reported that in 2011 alone more than three quarter billion dollars was spent on lobbying. (“Lobbying The America Invents Act”) The Report stated the major premises of the act: “If the United States is to maintain its […]

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