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President signs patent reform law

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Indiana Lawyer Rehearing

A long-debated patent reform law is now in place, signaling the most significant change to the system in nearly six decades.

President Barack Obama signed the legislation Sept. 16, with Eli Lilly chief executive officer John Lechleiter standing next to him. The America Invents Act – officially known as H.R. 1249 – cleared the Senate in an 89-9 vote on Sept. 8.

Congress wrestled with the proposal for almost a decade. Meanwhile, the Supreme Court of the United States has issued a series of rulings through the years addressing issues like “business patent methods.”

The new law changes the infrastructure of the nation’s patent system from a first-to-invent to a first-to-file system – something that advocates argued would bring the U.S. closer to systems already used in the rest of the world. Under a first-to-file system, two patent applications that cover the same invention can no longer be contested in an interference proceeding. The patent will go to the inventor with the earliest filing date.

Under the old system, interference proceedings were used to determine which of the two patent applicants invented first by reviewing evidence of the actual conception date of the invention. In the first-to-file system, the first inventor to file has the presumptive rights in the patent and the second to file can only overcome that presumption if he or she can prove that the first applicant derived the invention from that other applicant.

Opponents argued that the first-to-file system favors large, well-funded corporations and hurts small inventors who don’t have the resources to file with the U.S. Patent and Trademark Office as quickly.

The law also establishes a process for someone other than the patent owner/applicant to challenge the validity of a granted patent through a post-grant review; allows virtual marking of a patented item; eliminates qui tam provisions in the false marking sections of the law by prohibiting anyone other than the U.S. from suing for penalties associated with false marking; prohibits any patents related directly to or encompassing a human organism; and renders unpatentable any business method or tax strategy.

The law ensures that the patent office has the funding needed to expedite the application process. It currently takes an average of three years to get a patent approved. The agency has a backlog of 1.2 million pending patents, and more than 700,000 have yet to be reviewed, according to the U.S. patent office.
 

Rehearing "Companies urge IP caution" IL March 4-17, 2009

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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