Intellectual Property

Resolved that NAHB support efforts before Congress, the Administration, the Courts, and the U.S. Patent and Trademark Office to protect small businesses from low-quality patents and from the legal liability related to the granting of such patents, particularly with respect to the abusive measures taken by non-practicing entities who have purchased patents;

Further resolved that NAHB support similar efforts before Congress, the Administration, the Courts, and the Copyright Office to protect small businesses from copyright holders asserting infringement claims against small businesses with respect to plans that lack originality in design features and elements commonly used or found in residential construction buildings, while at the same time supporting efforts to preserve copyright holders’ valid claims of infringement of protectable features and elements of their designs, plans and drawings;

Further resolved that NAHB work with stakeholders, including other construction industry groups, to promote higher quality intellectual property, including improved review procedures during the examination of applications for intellectual property protection; and

Further resolved that NAHB continue to coordinate with the various federal agencies charged with promoting and securing intellectual property rights to help ensure that the requirements for patents, trademarks, and copyrights are properly demonstrated and that intellectual property rights are not secured or claimed for inventions, features and elements in designs or marks that are already in common use in residential construction.

Resolution originally adopted: 2007.6, Resolution No. 3

Committees with primary jurisdiction:

• Design Committee