Text of bill:
http://patentlaw.typepad.com/patact.pdf
---
For Immediate Release: June 8, 2005
Contact: Blair
Jones, Press Secretary (202) 225-4236
Smith Introduces Patent Reform Bill
Washington, DC − Congressman Lamar Smith (R-TX) today introduced the
Patent Reform Act of 2005, legislation to improve the quality of patents
issued by the U.S. Patent and Trademark Office and to reform certain
patent practices that disrupt the operations of high−tech companies and
other businesses.
“The bill in its current form is, without question, the most
comprehensive change to U.S. patent law since Congress passed the 1952
Patent Act,” said Smith.
“The Intellectual Property Subcommittee has undertaken such
responsibility because the changes are necessary to bolster the U.S.
economy and improve the quality of living for all Americans,” Smith noted.
“The bill will eliminate legal gamesmanship from the current system that
rewards lawsuit abuses over creativity. It will enhance the quality of
patents and increase public confidence in their legal integrity,” said
Smith.
“This will help individuals and companies obtain seed money for
research, commercialize their inventions, grow their businesses, create
new jobs, and offer the American public a dazzling array of products and
services that make our country the envy of the world,” Smith commented.
“All businesses, small and large, will benefit. All industries directly
or indirectly affected by patents, including finance, automotive
manufacturing, high-tech, and pharmaceuticals, will profit,” Smith
noted.
“The bill is a good first-cut of what we envisioned when this process
commenced. No doubt, it will undergo changes as we proceed to markup,”
Smith concluded.
The Patent Act:
· Provides that the right to a patent will be awarded to the
first inventor to file for a patent who provides an adequate disclosure
for a claimed invention;
· Simplifies the process by which an applicant takes an oath
governing the particulars of an invention and the identity of the
rightful inventor
· Deletes the “best mode” requirement from §112 of the Patent
Act, which lists certain “specifications” that an inventor must set
forth in an application.
· Codifies the law related to inequitable conduct in connection
with patent proceedings before the PTO;
· Clarifies the rights of an inventor to damages for patent
infringement;
· Authorizes courts with jurisdiction over patent cases to grant
injunctions in accordance with the principles of equity to prevent the
violation of patent rights;
· Authorizes the PTO to limit by regulation the circumstances in
which patent applicants may file a continuation and still be entitled to
priority date of the parent application;
· Expands the 18 month publication feature to all applications;
· Creates a new post−grant opposition system;
· Allows third-party submission of prior art within six months
after the date of publication of the patent application.
¨ Committee on the Judiciary, Chairman, Subcommittee on the Courts, the
Internet, and Intellectual Property
¨ Committee on Science ¨ Committee on Standards of Official Conduct ¨
Committee on Homeland Security
2184 Rayburn House Office Bldg. ¨ Washington, D.C. ¨ 20515 s
202-225-4236 ¨ http://lamarsmith.house.gov
_______________________________________________
Politech mailing list
Archived at http://www.politechbot.com/
Moderated by Declan McCullagh (http://www.mccullagh.org/)
This archive was generated by hypermail 2.1.3 : Wed Jun 08 2005 - 20:26:01 PDT