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PATENT REFORM ACT OF 2007
Posted by Anonymous . updated on 2/26/2009
Below is IEEE?s summary of the Patent Reform Act of 2007. I?d be interested in hearing any comments.
Many Thanks!
? Inventors will have the right to obtain damages for infringements on their patents equal to the ?economic value? of an invention that is used within another product. This would limit damages to the value of the invention, rather than the value added by an invention to the entire product. This will reduce the cost of litigation in patent infringement cases, but could reduce the amount of damages collected by inventors.
? When two or more people file for a patent on the same invention, a patent will be awarded to the first person to file for their patent. Currently, the first person to invent the product wins the patent in the U.S. The United States is the only industrialized country with a ?first-to-invent? system. Changing to a ?first-to-file? system will help harmonize the U.S. patent system with the rest of the industrialized world.
? All patent cases would be limited to the legal venue in which either the parties involved reside or where the infringement acts occurred. Limiting the venue of these cases will end the practice of venue shopping where petitioners seek out the court that is most likely to find in their favor.
? Third-parties will be allowed to submit prior art for pending patent applications. This should help patent examiners render more informed decisions, but could also give large companies a tool with which to delay the issuance of a patent to smaller inventors.
? The Director of the US Patent Office is given enhanced authority to make rules governing the patent process. Supporters of this provision believe that this will make the Patent Office more efficient, but opponents fear it will give the Director too much power.
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