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Patent Law

: Patently Obvious

Patently-O Bits and Bytes No. 2

By Dennis Crouch, Esq.

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  • Patent Reform: A draft report on S.1145 is available here.  [via PatentDocs]. Although currently supported by more Democrats than Republicans, this is a bipartisan bill that could pass. A summary:
    • Change the system to a “first-inventor-to-file” system;
    • Reduce patent damage awards;
    • Enhance post-grant opposition proceedings;
    • Provide for publication of all applications;
    • Allow for better third-party submissions;
    • Limit patent infringement venues;
    • Allow the PTO to set its own fees;
    • Remove the residency restriction for judges on the United States Court of Appeals for the
      Federal Circuit;
    • Authorize USPTO to require pre-filing patent searches and explanations;
    • Re-vamp the doctrine of inequitable conduct;
    • Clarify the rules on unintentional delays in filing;
    • Limit patent infringement liability for electronic check processing;and
    • End USPTO “fee diversion”.
  • Patent Reform: Remember, the House has already passed the companion bill. Passage could allow President Bush to ride out of office as the innovation president.
  • Patent Baristas discusses PTO’s “Suspicious Behavior” in the Tafas case.

Full post as published by Patently Obvious on January 15, 2008 (boomark / email).

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