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2023 Ⓒ Boston Intellectual Property Law Association
BIPLA Legislative Panel - IP Legislative Process, Priorities and Updates
BIPLA Legislative Panel - IP Legislative Process, Priorities and Updates
On March 30, 2023, the Legislative Committee of the BIPLA presented a lively and informative virtual panel discussion on IP Legislative Process, Priorities and Updates in the 118th Congress.
The panelists, all current or former counsel in Congress, were: Brad Watts, former Republican Chief Counsel on the Senate Judiciary Committee Subcommittee on Intellectual Property; John Lee, Chief Counsel for Intellectual Property of the House Judiciary Committee; Franci Rooney, Counsel for the Senate Judiciary Committee on Immigration, Citizenship and Border Safety Subcommittee and IP Counsel to Senator John Cornyn; and Philip Warrick, former USPTO IP Counsel Detailee to U.S. Senator Chris Coons.
The program was well-attended and the audience appreciated the panelists’ candor and thoughtful answers. Each panelist provided fascinating insights regarding the federal intellectual property legislative process, which they stated was long and iterative. They discussed cooperation between the parties, and noted how IP issues do not necessarily split along party lines. In fact, many factors can influence how legislators think about IP, including personal philosophy, district geography, and constituent representation, rather than just party affiliation.
They also shared useful information regarding advocating to congressional members and their staff. Meeting in person or virtually can be effective for efficacy, but providing written documents is also very helpful, because sponsors can add written submissions to the record to support their legislation. The panelists also emphasized the importance of performing research before such a meeting. The research should include, for example, obtaining appropriate relevant information regarding the person granting the meeting, including their professional background, level of experience with the issue, and areas of concern. The goal is to tailor the discussion to make the issue relevant to the background and concerns of the legislator.
The panelists also discussed programs to improve diversity and inclusion in IP, noting that inclusive innovation is an area with broad support in Congress. Initiatives include programs to encourage patent access for people of color, women, people in underserved areas (including rural areas) and veterans.
Two of the panelists (Mr. Warrick and Mr. Lee) were detailees, and they provided insights into this interesting program. Detailees are federal government employees who are temporarily loaned throughout the government – usually between U.S. Government agencies and even between branches of the government. The detailee program helps to foster increased inter-agency and inter-branch communication, provides highly qualified people to different offices, and provides unique opportunities for the detailees.
The BIPLA Legislative Committee thanks all of the panelists for their time preparing for, and participating in, the discussion.