Wednesday, March 09, 2011

Judiciary Chairman Smith Praises Senate Passage of Patent Reform

Lamar Smith (R-TX) noted:

Adopting a first-inventor-to-file standard creates certainty about patent ownership and makes it easier for American innovators to apply for patents around the world. The post-grant review process helps to reduce frivolous lawsuits filed by holders of weak or overbroad patents. And allowing for the third party submission of prior art helps prevent bad patents from being granted in the first place. These are just a few of the many provisions for which there is widespread support.

Of -- Adopting a first-inventor-to-file standard creates certainty about patent ownership and makes it easier for American innovators to apply for patents around the world. -- ?? How does "first to file" add certainty to patent ownership? How does it make it "easier" to file around the world? The proposed system would help the person with resources to file a lot.

Of --The post-grant review process helps to reduce frivolous lawsuits filed by holders of weak or overbroad patents. --, post-grant review helps the person with resources to bog down the one without resources with administrative roadblocks.

Of -- And allowing for the third party submission of prior art helps prevent bad patents from being granted in the first place. --, we already have Rule 99.

2 Comments:

Blogger kmnaveen007 said...

Great..IP's growth will automatically back industry's growth. Here is a happy news for all who are in search for Indian patents. Indian patent search is now available online. User don't have to always browse through volumes of hard copies or depend on bibliographic data available on unreliable sources. I saw an interesting article regarding the same in which the full details are given. Read the complete article at
http://www.sinapseblog.com/2011/03/patent-search-in-india-continuing.html

3:24 AM  
Blogger New said...

Who would have believed it -- patent reform has finally passed in one chamber. Given the momentum this issue has right now, I'd expect that some version of the bill will likely pass in the House soon, too. As usual, however, the devil will be in the details; though I can't imagine much opposition to the fee diversion and fee-setting authority provisions, the first-to-file and post-grant issues may prove somewhat thorny.

12:58 PM  

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