A few weeks ago, IPWire reported that Massachusetts legislation had been proposed to regulate the content and timing of letters asserting patent infringement. As we noted then, this type of legislation is completely unnecessary. For that reason, we’re glad to report that Massachusetts Governor Charlie Baker vetoed the legislation. However, despite the fact that letter-writing regulation supporters utterly fail to actually demonstrate need for such legislation, Baker’s veto is being characterized as siding with “big business.” This characterization is absurd. Patent demand letter regulation only hurts inventors and small patent owners who lack resources to employe legal departments to comply with a patchwork of patent-enforcement related regulation. Whether Governor Baker understands this or not, his veto is friendly to technology businesses large and small.
UPDATE: In a letter, Governor Baker expressed his concern that the proposed legislation “creates a new cause of action against patent owners in a manner that is not narrowly tailored and is likely to have unintended consequences for Massachusetts residents, companies and educational institutions.”