Patent Reform 2011 Reading List: ‘America Invents Act’ Passes House

The Patent Reform Act (now “America Invents Act”) has passed both the House. Here’s what leading patent lawyers on JD Supra have to say about this latest news:

House of Representatives Passes Patent Reform Act (Morgan Lewis)

“[T]his bill alters how the U.S. Patent and Trademark Office (USPTO) is funded. In addition, it calls for converting the patent system from the current first-to-invent system into a first-to-file system, creating a post-grant review system, establishing a pilot committee to review questionable business-method patents, and removing the qui tam provision from the false marking statute.” Read more » 

The House Votes to Reform U.S. Patent Laws by Approving the America Invents Act by a Margin of 304 to 117 (Finnegan)

“The House and Senate now will begin a process of reviewing the two versions of the legislation, aiming to adopt a final bill that the President can sign into law. The President has previously indicated his support for patent law reform, and we expect he will sign this legislation if and when it is presented to him.” Read more »

Patent Reform Is Imminent – House Passes Historic Patent Reform Bill (Bracewell & Guiliani LLP)

“If passed into law, the America Invents Act would transition the U.S. Patent system from a first-to-invent system to a first-inventor-to-file system. The first-inventor-to-file system would give inventorship priority to the first individual inventor to file a patent application for a particular invention.” Read more »

Background On the Bill’s Evolution»

America Invents Act – Patent “Reform” But Possibly Not Simplification or Even Harmonization (Thompson Coburn LLP)

“While the pending versions of the ‘America Invents Act’ do represent patent ‘reform,’ they may not represent patent ‘simplification.’ The reforms will not provide complete harmonization with the rest of the world with respect to novelty and obviousness.” Read more »

Patent Reform Heads to the House Floor (Morrison Foerster LLP)

“On April 14, 2011, the House Judiciary Committee voted 32-3 to send an amended version of H.R. 1249 (“The America Invents Act”) to the House floor for debate. The amended version of H.R. 1249 retains the core elements of the bill as introduced on March 30, 2011, and in many ways brings the bill closer to S.23, the Senate’s version of patent reform, which passed March 8, 2011.” Read more »

What’s Next for the U.S.—The Metric System?: A Quick Look at the “Imminent” Major U.S. Patent Law Reform (Finnegan)

“After five attempts in just as many years, the U.S. Congress is finally a vote away from sending a sweeping patent law reform bill to the President for his signature. On March 8, 2011, the Senate passed the America Invents Act (“AIA”) by a 95-5 margin, and the House of Representatives Judiciary Committee approved corresponding legislation by a wide 32-3 margin on April 14, 2011. All signs suggest that the House will pass the bill, and the legislation could be enacted as early as later this year.” Read more »

USPTO Proposes Streamlined Reexamination Procedures (Morrison & Foerster LLP)

“[T]he United States Patent Office (USPTO) proposed changes designed to streamline ex parte and inter partes reexamination procedures…The USPTO’s action coincides with Congress’s proposed patent reform legislation, the ‘America Invents Act.’…The Act provides a transition period of several years when inter partes reexamination may still be requested, and preserves ex parte reexamination as an option. Thus, even if the America Invents Act becomes law, the USPTO’s proposed rules would still be relevant to reexamination for at least a few years.” Read more »

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