Advanced Topics In Patent Law
The Patent Reform Act
INTRODUCTION
The USPTO has been unable to keep up with its workload, resulting in major delays. There have also been questions about patent quality and increased litigation. The last time the patent system was updated was more than 50 years ago. Since then, there have been major improvements in science and technology. Recent Supreme Court decisions have made it clear that it has been easy for questionable patents to be obtained and difficult to challenge them. However, it is not up to the courts to change the law, this is a task for Congress. As Senator Leahy has stated, “[if] we are to maintain our position at the forefront of the global economy and continue to lead the world in innovation and production, we need an efficient and streamlined patent system that issues high-quality patents while limiting wheel spinning and counterproductive litigation.” Low quality patents have inhibited innovation and competition, resulting in the harm of consumers and businesses. Litigation of these low quality patents has been unduly costly and cumbersome. Too many questions of patent validity have been decided by the courts instead of the patent office. This has caused a huge waste in resources at the PTO and uncertainty regarding issued patents. The threat of excessive damages in litigation has also caused a hindrance in innovation. In order to address these problems, Congress has introduced two bills that are both entitled the Patent Reform Act of 2007 (“the Act”). These bills would amend language in Title 35 of the United States Code.
This paper will first briefly introduce the history and current status of the Act. It will then discuss the parties that have formed which are either for or against the Act. Next, this paper will summarize some of the proposed changes of the Act. It will then analyze the pros and cons of those specific changes and the consequences if those changes are implemented.
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