Buzz Archive:
Editorial In Response To - Patent Reform Act Best Way to Protect, Foster Innovation

by Brian Bensch & Dennis Fernandez of Fernandez & Associates, LLP, 2/20/2008

Last year, an editorial in the San Jose Mercury News entitled "Patent Reform Act best way to protect, foster innovation" endorsed the Patent Reform Act of 2007 as a groundbreaking piece of legislation that will help both small and larger U.S. companies become more competitive and creative. Unfortunately, the arguments presented by the author only touch the surface of the debate regarding patent reform, which while possibly necessary, in its current form will be a detriment to the technological progress of our country. The major problems which the PRA seeks to address are threefold: the ineptitude of the current patent examination system, the supposed inefficiencies from excess litigation, and inappropriately large damages awarded in infringement cases.

As the patent reform act debate takes place again for 2008, Brian Bensch & Dennis Fernandez of Fernandez & Associates, LLP set out their stance on this most important debate.