Patent Law Practice Center

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.

 

House Version Of Inter Partes Review & Wasted Time

Scott A. Mckeown, Partner at Oblon Spivak, Practice Center Contributor and writer for Patents Post Grant, sent in this article discussing to what extent inter partes reexamination will change if H.R. 1249, the House’s proposed patent reform legislation, is passed into law.

Inter Partes Review, 5 Months to a First Action?

Should the proposed patent reform legislation pass into law, inter partes reexamination will gradually cease to exist. In place of inter partes patent reexamination will be an entirely new mechanism known as Inter Partes Review.

Inter Partes Review will not be conducted by patent examiners of the Central Reexamination Unit, but instead by the Administrative Patent Judges of the Patent Trial & Appeal Board (now known as the BPAI). As the new proceeding is conducted by APJs, limited discovery practices will be provided. Beside these procedural changes, the substantive analysis remains largely the same. …at least in H.R. 1249. (more…)

Patent Reform Update: House Debates Patent Reform

On Wednesday, Representative Lamar Smith, introduced th House’s version of a patent reform bill to the House of Representatives.  The House bill is largely similar to the Senate Bill S. 23. passed earlier this month.  However, there are a few changes in the House bill that some industry representatives oppose, particulary on prior use rights and post-grant reviews.  Will this opposition reignite debate over patent reform?  Here is what the blogosphere has to say about the House’s patent reform bill and yesterday’s hearing…..

1.  Patent Overhaul Unveiled in U.S. House of Representatives (Bloomberg)

2. Patent Reform Introduced in House (Reuters)

3.  Sensenbrenner to Kappos: Prior User Rights is Poison Pill (IPWatchdog)

4. House Weighs in with its Version of Patent Reform (Morrison Foerster)

5.  House patent reform bill sparks debate (EEtimes)

6.  Deep Divisions Between Firms Large and Small Remain Over House Patent Reform Bill (BroadbandBreakfast.com)

7.  BIO Commends Launch of House Patent Reform Process (Sun Herald)

8.  Patent Reform 2011:  House of Representatives Bill No. H.R. 1249 (PatentlyO)

Patent Reform Update: Yays and Nays to Senate Passing America Invents Act

On Tuesday, the Senate voted 95-5 to pass the America Invents Act aka the Patent Reform Act.  According to the three main sponsors of the bill, senators Pat Leahy (D-VT), Charles Grassley (R-IA), and Jon Kyl (R-AZ), the main objective of this legislation is to eliminate the backlog of unexamined patents. Whether the amended S. 23 bill will accomplish that goal remains to be seen.  Will the House approve patent reform, either along the lines of the amended S.23 or something close to it is also questionable?  Here is what the blogosphere has to say about the America Invents Act and whether or not the House is likely to approve patent reform….

1.  Senate Passes Patent Overhaul In 95-5 Vote (Law 360)

2.   Senate Passes Bill to Change Patent System and Pricing (New York Times)

3.  Patent Reform Passed in Senate: House Likely to Introduce Bill this Month (PatentlyO)

4.  Leahy patent bill: Litigation, not innovation (via The Hill)

5.  Patent Reform Act clears the Senate (The Hill)

6.  Patent Reform Likely to Benefit Industry Giants More Than Start-Ups (GEN)

7.  Pharma and bio sectors applaud US patent reform (PharmaTimes)