S. 1145 would amend title 35, United States Code, to provide for patent reform.
Detailed Summary
Patent Reform Act of 2007 - Modifies conditions under which a patent may be obtained for an invention or discovery, including by: (1) defining "inventor" to include a joint inventor and coinventor; (2) making the effective filing date of a claimed invention the filing date of the patent or the patent application; and (3) revising procedures for patent interference disputes.
Revises requirements for an inventor's oath or declaration to allow substitute statements in specified circumstances (e.g., death or disability) and supplemental and corrected statements.
Allows a third party assignee (other than the inventor) or a person with a proprietary interest to file a patent application.
Modifies provisions relating to damages for patent infringement to: (1) require a court to conduct an analysis of a patent's specific contribution over prior art; (2) allow increased damages for willfull patent infringement; and (3) expand the prior user defense.
Renames the Board of Patent Appeals as the Patent Trial and Appeal Board. Revises provisions relating to the Board's composition, duties, and authorities.
Allows a person who is not the patent owner to file a petition with the Board to cancel a patent as invalid (post-grant review). Sets forth procedures for the consideration of such petitions, including provisions to prevent harassment of patent owners and abuse of process.
Allows third parties to submit documents relevant to the examination of a patent application.
Revises venue requirements for civil patent actions against individuals and corporations to allow actions to be brought in the judicial district where either party resides (currently, where the defendant resides) or where the corporation has its principal place of business or was incorporated.
Status of the Legislation
Latest Major Action: 7/19/2007: Senate committee/subcommittee actions. Status: Committee on the Judiciary. Date of scheduled consideration. SD-226. 10:00 a.m.
Points in Favor
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Points Against
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Visitor Comments
Brent Norris
February 29, 2008, 7:26pm (report abuse)NOT a good idea. If you've ever played by the patent rules, you know this isn't right. If you're a pirate, this might be for you. If you're a pirate and you think this is for you, be prepared to be boarded yourself.
There's a reason there aren't a lot of pirates left.
Please vote against the Patent reform Act of 2007.
Green Collar Workers Unite!
ahoy mateys
Ross
May 9, 2008, 11:28pm (report abuse)This bill will destroy the individual patent holder and let the companies stop all over them.
stv
August 28, 2008, 2:37pm (report abuse)I agree whole heartedly. Please see http://www.piausa.org