PATENT REFORM–THE REMIX

Scott McKeown, Partner at Oblon Spivak and Practice Center Contributor, sent in this article updating us on the status of H.R. 1249 aka “The America Invents Act” aka “Leahy-Smith America Invents Act”.

Significant Amendments Targeted for H.R. 1249

Hold up, wait a minute.

The America Invents Act has been seemingly remixed and re-released as the “Leahy-Smith America Invents Act.” All Republicans, throw your hands up, all Democrats, throw your hands up…

With the House now moving to floor debate of H.R. 1249, amendment proposals have come flying from all directions. Not surprisingly, some of the proposals aim to strike PTO fee setting authority, the end of fee diversion, as well as the first to file provision. Should these amendments be adopted, the bill would be killed. Another amendment, introduced by John Conyers (D-MI) seeks to strike everything but PTO funding (including the Detroit Office!). (more…)

06.17.11 | Patent Reform | Stefanie Levine

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.

05.16.11 | Patent Reform | Stefanie Levine

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….