Patent Law Practice Center

Patent Reform: House Passes America Invents Act 304-117

The following post comes courtesy of Gene Quinn, of IPWatchdog and Practice Center Contributor.

At approximately 5:50pm [Thursday] the United States House of Representatives passed H.R. 1249, which is known as the America Invents Act, by a vote of 304-117.  This bill differs from the Senate version of patent reform, S. 23, so there will be no bill going to the desk of President Obama just yet.  There are important differences between the two bills, chief among them is funding for the United States Patent and Trademark Office.  The bill passed by the Senate put an end to the practice of fee diversion, which occurs when the Congress appropriates the USPTO less than they collect in fees.  The excess in the fees collected from users of the USPTO then go to the federal government as general revenues and are used for purposes other than the operation of the United States Patent and Trademark Office.

Indeed, now the fight will go back to the Senate where Senators will be asked to swallow the changes adopted by the House of Representatives, which seems unlikely.  Senator Patrick Leahy (D-VT) and Congressman Lamar Smith (R-TX), who are the respective champions of the bills in the two chambers will likely want to find compromise language that can pass both the House and the Senate.  I have been told that a formal Conference on the bill is unlikely, which would mean that the Senate would need to hammer out language acceptable to the Senate while also being acceptable to the House.

Click here to read the full IPWatchdog publication.

Patent Reform Update: Reactions To House Vote on Patent Reform

The House voted to move ahead with debate on patent reform, but a spokeswoman for Majority Leader Eric Cantor,R-Va., said a final vote is now expected on Friday. The latest delay is a result of a House Rules Committee decision that an end to fee diversion should not be included in patent reform.  This latest change has caused many industry groups who supported the bill to now change their position.  What does this mean for the future of patent reform?  Here is what the patent community is saying about these latest turn of events….

Lack of Commitment on PTO Funding is Killing Patent Reform (IP Watchdog)

House votes to proceed with patent, drilling bill after point of order (The Hill)

Special Interest Patent Bill Benefits Foreign Multinational Corporations Over U.S. Inventors (Patent Barisatas)

Spending Concerns Delay Patent-Reform Vote (National Journal)

BIO Expresses Disappointment With House Vote On Patent Reform ( Medical News Today)

Committee Approves Patent Reform Proposal (Committee on the Judiciary)

Long Overdue’ US Patent Reform Deal Reached; House Could Vote This Week (Intellectual Property Watch)

Patent Reform’ Will Hurt Innovation (Connexion)

Patent Reform Update II (Patentdocs)

Patent Bill Unites Past Enemies (Roll Call)

 

PATENT REFORM–THE REMIX

Patent Reform Update: Will the House Pass America Invents Act?

The U.S. Senate passed its version of patent reform, S. 23, in March, and on April 14, the House Judiciary Committee advanced H.R. 1249, sending the revised legislation to the House floor for further debate and a vote on the long-awaited bill’s final passage. The  House vote is expected some time next week.

While the Obama Administration endorsed the latest patent reform proposal last week, saying it would strengthen patent rights and finally grant the USPTO the power to set its fee rates and spend the fees it collects; heads of the U.S. House of Representatives Budget and Appropriations committees said Tuesday that proposed patent reform legislation would give the agency too much power.  Just how this weeks developments will effect next week’s expected House vote remains to be seen.

Check out the following blogs, video and more on the latest Patent Reform news. (more…)

Patent Reform Update: Summer Debate Ahead For America Invents Act

Although we haven’t heard much about Patent Reform in the last few weeks, Scott McKeown, Partner at Oblon Spivak and Practice Center Contributor, discusses below why he believes we will still see some form of patent reform in 2011.

Overhaul to U.S Patent System Awaits Further Debate

There has been true progress toward enacting patent reform in 2011. First, in March,S.23 was shepherded through the Senate in a matter of weeks by Senator Leahy. Next the House took up H.R. 1249. The House companion bill includes much of the same, if not identical provisions to S.23. A few weeks back H.R. 1249 was refined by Manager Amendment and voted out of committee for floor debate.

With the House now back in session, H.R. 1249 will now await its turn in the legislative queue. An early summer debate (mid-late June) seems likely based upon the current House calendar. During this debate, key provisions of the bill will likely be attacked anew, further amendments have been promised.

Prospects for bill passage, at least in some form, still seem very high. With the current PTO budget crunch, fee diversion will likely be a significant rallying cry for suporters.

Stay Tuned.