Anticipate This!™ | Patent and Trademark Law Blog

Draft Committee Report on The Patent Reform Act of 2007.

Posted in Statute Commentary by Jake Ward on January 15, 2008

A draft report on the Patent Reform Act of 2007 by the Senate Committee on the Judiciary is presently circulating the internet.  

The 106-page report includes the following:

I.  Background and Purpose of S. 1145, the Patent Reform Act of 2007
II.  History of the Bill and Committee Consideration
III.  Section-by-Section Summary of the Bill
IV.  Cost Estimate
V.  Regulatory Impact Evaluation
VI.  Changes to Existing Law Made by the Bill, as Reported 

The reported summary of changes is stated as follows:

(1) title the Act the Patent Reform Act of 2007;
(2) change the system to a “first-inventor-to-file” system;
(3) make it simpler for patent applicants to file and prosecute their applications;
(4) codify and clarify the standard for calculating reasonable royalty damage awards, as well as
awards for willful infringement;
(5) create a relatively efficient and inexpensive administrative system for resolution of patent
validity issues before the USPTO;
(6) establish the Patent Trial and Appeal Board;
(7) provide for eventual publication of all applications and enhance the utility of third parties’
submissions of relevant information regarding filed applications;
(8) improve venue in patent cases and provides for appeals of claim construction orders when
(9) give the USPTO the ability to set its fees;
(10) remove the residency restriction for judges on the United States Court of Appeals for the
Federal Circuit;
(11) authorize USPTO to require patent searches with explanations when a patent application is
(12) codify and improve the doctrine of inequitable conduct;
(13) give the Director of the USPTO discretion to accept late filings in certain instances;
(14) limit patent liability for institutions implementing the “Check 21” program;
(15) end USPTO “fee diversion”;
(16) make necessary technical amendments; and
(17) set the effective date of the Act. 

Hat tip to the Patent Docs for bringing this report to the attention of the blogosphere.  Patently-O opines that the bill could pass. 

See also previous AT! posts on this topic here.  Do our readers have any thoughts about particular provisions in the bill?

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