Changes in the works for U.S. patent practice

Abstract

Stalled in Congress for more than four years, major patent reform legislation was finally given the nod by both houses of Congress, making its way into the consolidated spending package in the final hours of this year's session. On its way to the President's desk, the American Inventor Protection Act went through numerous transformations, and many of its rough edges were worn away by grueling, protracted, and sometimes rancorous debate. Among other things, the new law will provide for a defense against charges of infringement by prior users of a patented business method, change the administrative structure of the Patent & Trademark Office (PTO), reduce patent fees while raising trademark fees, require U.S. publication of patent applications filed abroad, and permit extension of the expiration date of a patent under certain circumstances. This legislation represents the most important and most comprehensive reforms to our nation's patent system in nearly half a century, says Sen. Orrin ...