Thursday, March 03, 2011

Boxer, Feinstein side with small inventors in S.23 debate

online WSJ reported on March 2, 2011:

California's Senate Democrats on Wednesday pushed to strip out of a patent-overhaul measure one of its key elements, siding with entrepreneurs who say patents should be awarded to the first inventors over large multinational companies that want to shift to a first-to-file system.

The move shows that Congress remains far from consensus on a patent-overhaul bill and underscores the rocky road ahead for a measure being voted on this week. In a sign of how the debate has reached the highest levels of leadership,


There was NOT a vote on the final S.23 bill on March 2. On March 3, Director Kappos issued a statement:

“We recognize that there will be further action in the Senate, and in the House of Representatives, before this legislation is passed. The Administration strongly supports adoption of a first inventor to file provision, which is one of the bill’s core tenets, and recommends against striking this central provision from the bill. The Administration also supports USPTO fee-setting authority, and the ability of the USPTO to retain the fees it collects for use in performing the Agency’s mission.

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