Wednesday, April 25, 2007

ZDNet omits discussion of controversial features of patent reform

ZDNet writes of post-grant review in the patent reform of 2007:

Other provisions of the bill create new procedures designed to reduce litigation. Parties affected by issued patents would be allowed to file a post grant “cancellation petition," within 12 months of the issue explaining why the patent or claims in the patent should not have been granted. If they succeed, the patent office would cancel the whole patent or the challenged claims.

ZDNet did NOT mention the "second window" of review. As Senator Leahy put it:

§ 322.– The petition for cancellation can only be filed (1) within 12 months of the patent’s issue or reissue (known as the “first window”), or (2) if there is substantial reason to believe that the continued existence of the challenged claim is likely to cause the petitioner significant economic harm, the petitioner has received notice from the patent holder alleging infringement by the petition, or the patent owner consents to the proceeding in writing (known as the “second window”).

Thus, ZDNet omits mention of one of the more controversial provisions of the patent reform bill.


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