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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. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  2. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  3. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  4. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  5. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

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