HB 15-1063 Summary

• Prohibits bad faith patent infringement communications sent to Colorado businesses, including written or electronic letters falsely asserting patent infringement or demanding compensation.

• Establishes that communications lack reasonable basis if they falsely claim litigation has been filed, involve invalid or expired patents, fail to identify the patent asserter, omit the patent number, or lack factual details about the alleged infringement.

• Exempts good faith patent enforcement by patent owners actively using patents in production, institutions of higher education, and technology transfer organizations from the prohibition.

• Grants the Colorado Attorney General sole authority to enforce the statute through civil investigations and actions, with authority to subpoena witnesses and recover investigation costs if prevailing.

• Establishes civil penalties of up to $5,000 per violation and requires courts to award costs, attorney fees, and expert witness fees to the Attorney General in successful enforcement actions.