Rep Massie (R-KY) along with three republican co-sponsors has introduced a new pro-patent-holder legislative proposal. [LINK]
Elements of the proposal:
- Restore a first-to-invent system and one-year grace period: “a person shall be entitled to a patent where the inventor is first to conceive of the invention and diligently reduces the invention to practice.” This includes substantial reversion of Section 102 to its pre-AIA status.
- Abolish Inter Partes Review and PGR: “Chapters 31 and 32 of title 35, United States Code, are repealed.”
- Allow for civil actions to demand patent rights from the USPTO in any district court.
- End Fee-Diversion of USPTO Revenue.
- Abrogation of Alice, Mayo, Bilski, and Myriad “to ensure that life sciences discoveries, computer software, and similar inventions and discoveries are patentable, and that those patents are enforceable.” This includes statutory revision of Section 101.
- Expressly establishing a patent as a private property right: “A patent right is a private property right secured to an inventor upon issuance of the patent that shall only be revoked by a court ruling in a judicial proceeding, unless the patent owner consents to an administrative or other procedure.”
- End Automatic publication of patent applications.
- Patent term tolled during any period of patent validity challenge.
- Patent infringement judgment presumptively results in an injunction.
- Best mode reestablished as an operative condition of patentability.
What are your thoughts on these proposals?
Thoughts on this proposal?: Upon a finding of infringement … the court shall presume that further infringement of the patent would cause the patent owner irreparable harm. This presumption may be overcome only by a showing of clear and convincing evidence …
— Dennis Crouch (@patentlyo) November 10, 2021