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- Patent Reform: A draft report on S.1145 is available here. [via PatentDocs]. Although currently supported by more Democrats than Republicans, this is a bipartisan bill that could pass. A summary:
- Change the system to a “first-inventor-to-file” system;
- Reduce patent damage awards;
- Enhance post-grant opposition proceedings;
- Provide for publication of all applications;
- Allow for better third-party submissions;
- Limit patent infringement venues;
- Allow the PTO to set its own fees;
- Remove the residency restriction for judges on the United States Court of Appeals for the
- Authorize USPTO to require pre-filing patent searches and explanations;
- Re-vamp the doctrine of inequitable conduct;
- Clarify the rules on unintentional delays in filing;
- Limit patent infringement liability for electronic check processing;and
- End USPTO “fee diversion”.
- Patent Reform: Remember, the House has already passed the companion bill. Passage could allow President Bush to ride out of office as the innovation president.
- Patent Baristas discusses PTO’s “Suspicious Behavior” in the Tafas case.