Patent Reform
By Don J. Pelto and Andrew Keith
The Senate passed their version of a Patent Reform Bill (Senate Bill No. S. 23), on March 8, 2011 by a wide 95-5 margin. The bill makes significant changes, most notably including a first-inventor-to-file system, and an enhanced post-grant review procedures that will be conducted within the USPTO. There are 26 sections to the Senate bill. Some key features of the Senate Bill include:
- A first-inventor-to-file system and limitation of the one year grace period (Sec. 2);
- A Post-grant review proceeding (Sec. 5);
- New inter partes review proceeding (Sec. 5a);
- Preissuance submission by third parties (Sec. 7);
- USPTO fee-setting authority and USPTO funding (Secs. 9 and 10);
- A supplemental examination proceeding (Sec. 11);
- Elimination of the best mode defense (Sec. 15.);
- A transitional post-grant review of covered business method patents(Sec. 18); and
- A change to the False marking Statute (Sec. 2).
