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The "America Invents Act" S. 23 Passed by U.S. Senate 95-5 and Now Goes to the House

By Andis Kaulins

Given its overwhelming 95-5 passage in the U.S. Senate, (see Patent Reform Passes Major Senate Hurdle at the Patents Post Grant Blog), one might think it to be likely that the Patent Reform Act S.23 would have a good chance to get through the House of Representatives, but Edward Wyatt at the New York Times in Senate Passes Bill to Change Patent System and Pricing says it isn't so, and that it is clear that the House will have its own version of the legislation needed.

We did like this paragraph of Wyatt:

"During debate on the bill, Senator Leahy repeatedly referred to the bill as being the first reform of the patent system in 60 years. He said, ?A patent system developed for a 1952 economy ? before the Internet, before cellphones, before computers, before photocopiers, even before the I.B.M. Selectric typewriter ? needs to be reconsidered in light of 21st-century realities, while staying true to the consistent constitutional imperative of encouraging innovation and invention.?"

We definitely agree with the need for substantial patent reform, although the proposed change from a "first to invent" to a "first to file" system may unjustly favor those who have the money to file patents, which requires the investment of thousands of dollars. A penniless inventor with a great invention is out of luck until he finds the cash to file his patent application, and by then, word may have gotten around, and a patent can then be easily stolen. I am not sure that is the kind of "patent reform" the system needs.

Patently-O lists some of the main provisions of the Senate bill, an Act which in our opinion is far, far short of what is actually required to reform the patent system as needed.

The Patent Law Practice Center has a list of sources on the blogosphere who have commented on the so-called "Leahy Bill", as the "America Invents Act" has three main sponsors in the senate, led by Pat Leahy (D-VT), plus Charles Grassley (R-IA), and Jon Kyl (R-AZ).

Some progress in patent legislation is essential, so that this passage in the Senate could be viewed as a good sign, regardless of whether one agrees fully with all of the provisions or not.

You can't have everything and some progress is better than nothing. At least the Congress recognizes that something has to be done in terms of patent reform.

Full post as published by LawPundit on March 10, 2011 (boomark / email).