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Patent Reform Act Of 2007
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The Patent Reform Act of 2007 (, ) is . National Research Council (U.S.). Committee on Intellectual Property Rights in the Knowledge-Based Economy, ''A Patent System for the 21st Century'' , Stephen A. Merrill, Richard C. Levin, and Mark B. Myers, editors, 2004, ISBN 0-309-08910-7

On September 4, 2007 the United States House Committee On The Judiciary reported the bill H.R. 1908, as amended, with the recommendation that it be passed by the House.


CHANGES IN U.S. PATENT LAW


H.R. 1908 and S. 1145 would harmonize American patent law with the patent laws of the rest of the world. H.R. 1908 would effect the following changes in U.S. patent law:


Switch from first to invent to first to file


The United States is currently the only country in the world that gives priority to the application that claims the earliest invention date, regardless of which application arrives first. The first-to-invent system is thought to benefit small inventors, who may be less experienced with the patent application system.Coster, page 10 Critics of the first-to-file system also contend it will create a “race to the mailbox,” and result in sloppier, last-minute patent applications.Coster, page 10 However, the first-to-invent system requires the United States Patent And Trademark Office (USPTO) to undertake lengthy and complicated “interference” proceedings to try to determine who invented something first when claims conflict. The first-to-file system, supporters contend,Gholz, page 1 would inject much-needed certainty into the patent application process. Finally, because every other country is on a first-to-file system, supporters claim that the majority of patent applicants and attorneys are already operating on a first-to-file basis.Coster, page 9


Other provisions


  • Defining "inventor" to include a joint inventor and coinventor.


  • Revising procedures for patent interference disputes.


  • Revises requirements for an inventor's oath or declaration to allow substitute statements in specified circumstances (e.g., death or disability) and supplemental and corrected statements.


  • Allows a third party assignee (other than the inventor) or a person with a proprietary interest to file a patent application.


  • Modifies provisions relating to damages for patent infringement to:

  • # require a court to conduct an analysis of a patent's specific contribution over prior art;

  • # allow increased damages for willfull patent infringement; and

  • # expand the prior user defense.


  • Renames the Board of Patent Appeals as the Patent Trial and Appeal Board. Revises provisions relating to the Board's composition, duties, and authorities.


  • Allows a person who is not the patent owner to file a petition with the Board to cancel a patent as invalid (post-grant review). Sets forth procedures for the consideration of such petitions, including provisions to prevent harassment of patent owners and abuse of process.


  • Allows third parties to submit documents relevant to the examination of a patent application.


  • Revises venue requirements for civil patent actions against individuals and corporations to allow actions to be brought in the judicial district where either party resides (currently, where the defendant resides) or where the corporation has its principal place of business or was incorporated.



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