Introduction:
This article is for the people who are in the technological world and their profession either involve patents or affected by patents and intellectual property. This article is a time saving guide and provide prospective of the recently passed Leahy-Smith America Invents Act 2011.
" Yes! we can"
On Sept 8, 2011 the Leahy-Smith America Invents Act bill passed by both houses of the U.S. Congress and finally Mr. Obama signs it today (16th Sept,2011) to make it as a part of US patent Law.
This is the fourth attempt to introduce significant changes in U.S. patent law, and closely resembles previously proposed legislation in the Senate in its previous session (S. 515, see the Patent Reform Act of 2009). In this bill the most significant aspect is the transition from a "first to invent" to a "first to file" system. It has been referred as the first significant change to the U.S. patent system since 1952.
This is the fourth attempt to introduce significant changes in U.S. patent law, and closely resembles previously proposed legislation in the Senate in its previous session (S. 515, see the Patent Reform Act of 2009). In this bill the most significant aspect is the transition from a "first to invent" to a "first to file" system. It has been referred as the first significant change to the U.S. patent system since 1952.
Patent law reform, as with other law reforms, is the process of examining existing laws, and advocating and implementing changes in a legal system, usually with the aim of enhancing justice or efficiency.
Why so much Noise recently?
1. This reform is a landmark in American patent history as it shifts from first to invent to first to file. This harmonizes with the rest of the world. The apprehension is that changing the tenet that put the United States as the topmost innovative nation in the world might not be to its advantage.
2. Fees diversion: There is still a lot of noise on this issue, the fees that innovators pay is diverted by the government into other channels and is
looked upon as a tax on innovation.
3. It took long to overhaul the patent law and Finally its happened!
1. First-to-file system
2. limits on patent marking ”trolls
3. Post-grant review
4. Courts have made it harder to get a patent invalidated by alleging that someone misled the patent office
5. The bar is now higher for what is patentable.
Following Map outlines most important provisions of the US Patent reform act.
How it may affect the industry?
Law will take it course, this common one liner fits well with this reform act as well. "Yin" and "Yang" discussions around this reform has started happening but How it will change patent world is yet to be seen. All we can do is to start accepting this as a way of life and start working towards incorporating it in practice. Lets all hope for the best for invention, inventor, and industry!
What are key provisions on this reform? How it will affect the patent laws in US? What does it entail?
1. First-to-file system
2. limits on patent marking ”trolls
3. Post-grant review
4. Courts have made it harder to get a patent invalidated by alleging that someone misled the patent office
5. The bar is now higher for what is patentable.
Following Map outlines most important provisions of the US Patent reform act.
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| US Patent Reform - Simplified |
According to USPTO, the cost of proving who was first to invent, under the current system, is an average of $400,000 to $500,000 in legal fees to engage in interference proceedings. Those costs can double if a case is appealed. By contrast, under the legislation, a $110 provisional application will establish effective rights to an invention, securing first-inventor-to-file status with no risk of subsequent disputes. The USPTO believes that the near- and long-term effects of certainty, predictability and reduced costs of the first-inventor-to-file system will benefit all stakeholders, both small and large entities, regardless of the area of technology.
Concluding Remarks
Concluding Remarks
Law will take it course, this common one liner fits well with this reform act as well. "Yin" and "Yang" discussions around this reform has started happening but How it will change patent world is yet to be seen. All we can do is to start accepting this as a way of life and start working towards incorporating it in practice. Lets all hope for the best for invention, inventor, and industry!
By: Dr. Sarasija Padmanabhan & Govind Kedia
Please feel free to share insights, thoughts, and additional information on this subject.
If you liked it, share it!
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Please feel free to share insights, thoughts, and additional information on this subject.
If you liked it, share it!
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The article has been jointly written with Dr. Sarasija Padmanabhan, who is registered patent agent at Indian Patent office. Please note that the information by no means is complete and may need further research. Writers are not responsible for any error in the presented data . This article does not represents writers' employer position on the subject .
Please do not copy/reproduce mind-map for commercial use without permission. Its against copyright Law!
Please do not copy/reproduce mind-map for commercial use without permission. Its against copyright Law!
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