US Patent Reform: Status Update

The US Senate has been grappling with a proposed reform of patent law for many years – hence the various proposed bills such as the Patent Reform Act of 2007, the The Patent Reform Act of 2009 and The Patent Reform Act of 2011. Last week the US Senate passed S.23, the America Invents Act [PDF] with broad bipartisan support. The bill now goes to the U.S. House of Representatives. This Senate bill has not yet become law, and the ultimate outcome depends on the text of the corresponding House bill (which has not yet been unveiled) and the process of reconciling the two bills if there are differences.  However, if it does become law, it would represent the biggest shift in US patent law in half a century.  Among the changes are the switch to patent priority from the present first-to-invent system to a first-to-file system, as we have in Canada.

Calgary – 07:00 MT


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