{"id":1312,"date":"2010-05-03T20:11:46","date_gmt":"2010-05-04T00:11:46","guid":{"rendered":"http:\/\/lotempiolaw.default.wp1.lexblog.com\/2010\/05\/patent-reform-act-of-2010-an-overview\/"},"modified":"2021-02-18T04:16:30","modified_gmt":"2021-02-18T09:16:30","slug":"patent-reform-act-of-2010-an-overview","status":"publish","type":"post","link":"https:\/\/www.lotempiolaw.com\/2010\/05\/patents\/patent-reform-act-of-2010-an-overview\/","title":{"rendered":"Patent Reform Act of 2010: An Overview"},"content":{"rendered":"

Is the United States patent system broken and does it need to be fixed? Can our governmental leaders fix the patent system through legislation? Patent reform legislation has been introduced in each of past three Congresses and has yet to be ratified. Through the current Reform Act it is hoped that better patents are issued, patent rights will be enforced and the flow of technology advances our society for the good of us all. The argument over the many proposed changes appears to be getting closer to a conclusion.<\/p>\n

Versions of the bill have been introduced in both the House and Senate (H.R. 1260 <\/a>in the House, S.515(.PDF)<\/a> in the Senate). The Senate Judiciary Committee has passed the bill and the House Judiciary Committee has held hearings on it. It will need to pass both committees and both chambers of Congress for it to be sent to the president.<\/p>\n

The Obama administration<\/a> has signaled support for a bipartisan patent reform agreement in the \"\"Senate. Senate Judiciary Committee Chairman Patrick Leahy (D-VT)<\/a> recently came to agreement with Jeff Sessions (R-AL)<\/a> regarding changes to the Patent Reform Act of 2009 (S. 515), increasing the chance that patent reform will actually happen.<\/p>\n

In an April 20, 2010, letter addressed to both Senators Leahy and Sessions, Commerce Secretary Gary Locke<\/a> pointed out that President Obama supports patent reform and would like to see the bill brought to the floor of the Senate and passed. Here is an excerpt from Locke\u2019s letter<\/a>:<\/p>\n

The Obama Administration strongly supports your efforts to achieve such reforms and is committed to working with members of both houses of Congress to bring these efforts to fruition as you seek to bring a bill to the Senate floor. Regardless of any issues that remain under discussion, there is a consensus that a strong patent system, including an appropriately funded and well-functioning United States Patent and Trademark Office (USPTO), fosters innovation that drives economic growth and creates jobs.<\/p><\/blockquote>\n

Leahy\u2019s procedural move is called a \u201chot line,\u201d in which Senate Majority Leader Harry Reid (D-NV<\/a>) will ask all Senate offices for unanimous consent to proceed to the bill, substitute the new language, and consider it passed.\u201cHot line\u201d<\/a> is the term used for a request to Senators to agree to allow a bill or resolution to be considered approved by the Senate without debate. It is has been reported<\/a> by Dan Friedman of the NationalJournal.com<\/a> that Senator Leahy is seeking floor time for consideration of S. 515, and hopes it will be taken up by the full Senate prior to Memorial Day.<\/p>\n

Some of the proposed changes to current law are outlined below:<\/p>\n