§ 6-41.1-1. Legislative findings and statement of purpose.
(a) Rhode Island is striving to build an entrepreneurial- and knowledge-based economy.
Attracting and nurturing internet technology ("IT�) and other knowledge-based companies
is an important part of this effort and will be beneficial to Rhode Island's future.
(b) Patents are essential to encouraging innovation, especially in the IT- and knowledge-based
fields. The protections afforded by the federal patent system create an incentive
to invest in research and innovation, which spurs economic growth. Patent holders
have every right to enforce their patents when they are infringed, and patent enforcement
litigation is necessary to protect intellectual property.
(c) The general assembly does not wish to interfere with the good-faith enforcement of
patents or good-faith patent litigation. The general assembly also recognizes that
Rhode Island is preempted from passing any law that conflicts with federal patent
law.
(d) Patent litigation can be technical, complex, and expensive. The expense of patent
litigation, which may cost hundreds of thousands of dollars or more, can be a significant
burden on small- and medium-size companies. Rhode Island wishes to help its businesses
avoid these costs by encouraging the most efficient resolution of patent-infringement
claims without conflicting with federal law.
(e) In order for Rhode Island companies to be able to respond promptly and efficiently
to patent infringement assertions against them, it is necessary that they receive
specific information regarding how their product, service, or technology may have
infringed the patent at issue. Receiving such information at an early stage will facilitate
the resolution of claims and lessen the burden of potential litigation on Rhode Island
companies.
(f) Abusive patent litigation, and especially the assertion of bad-faith infringement
claims, can harm Rhode Island companies. A business that receives a letter asserting
such claims faces the threat of expensive and protracted litigation and may feel that
it has no choice but to settle and to pay a licensing fee, even if the claim is meritless.
This is especially so for companies and nonprofits that lack the resources to investigate
and defend themselves against infringement claims.
(g) Not only do bad-faith patent infringement claims impose a significant burden on individual
Rhode Island businesses, these claims also undermine Rhode Island's efforts to attract
and nurture other knowledge-based companies. Funds used to avoid the threat of bad-faith
litigation are no longer available to invest, produce new products, expand, or hire
new workers, thereby harming Rhode Island's economy.
(h) Through this narrowly focused act, the general assembly seeks to facilitate the efficient
and prompt resolution of patent-infringement claims; protect Rhode Island businesses
from abusive and bad-faith assertions of patent infringement; and build Rhode Island's
economy, while at the same time respecting federal law and being careful to not interfere
with legitimate patent-enforcement actions.