Patent Law Practice Center

Scott McKeown, Partner at Oblon Spivak and Practice Center Contributor, sent in this article discussing how the “Transitional Program for Covered Business Method Patents” provision that is included in the pending patent reform legislation may impact technology companies.

Patent Reform Provisions to Impact Technology Companies?

The race to the USPTO door may start very shortly for those defendants charged with infringement of a “business method patent.”

Patent reform legislation is ostensibly poised for a September 2011 enactment.  The current version of the legislation (H.R. 1249) includes a provision entitled “Transitional Program for Covered Business Method Patents.” The provision essentially provides post grant review (as defined in the legislation) for patents that were issued prior to enactment. This provision is of a limited time, 8 years, and can only be used if actually sued or charged with infringement of a covered business method patent. (more…)