It’s expected that the Senate is likely to vote on significant patent reform legislation today at 4 pm Eastern time.
Some of the most significant changes in the proposed legislation include:
- The U.S. Patent system will discontinue the first-to-invent system in favor of the first-to-file priority system used by nearly all other countries
- The first to file system will be accompanied by a 1-year grace period for disclosures by an inventor, joint inventor or a disclosure that is derived from either an inventor or joint inventor (personal grace period)
- There will be a prior commercial user defense for those who had been practicing a claim in a patent that has been issued on or after the date of enactment
- Priority disputes in interference proceedings will be eliminated; instead, derivation proceedings will be added to ensure that patentees are not obtaining patents on inventions derived from another
- Additional post-grant procedures will be changed and/or added
- The Patent & Trademark Office will have an increased ability to set fees
The patent world is watching with considerable interest. In a survey conducted on Dennis Crouch’s PatentlyO blog, respondents showed a notable lack of support for reforms. Also, this draft article by David Abrams and Polk Wagner suggests that first-to-file systems impact solo inventors.
If enacted, changes will begin quickly. There are over a dozen effective dates in the bill, some of which begin immediately upon enactment, and some as soon as 10 days thereafter. One helpful resource for sifting through these implementation dates is here on Fish & Richardson’s website.
Posted by Amy Landers on September 8, 2011 at 12:13 PM