The report emphasized the need to bring the US patent system more in line with the changing landscape of innovation.
It said: “Congress has not enacted comprehensive patent law reform in more than 50 years. The object of the patent law today must remain true to the constitutional command, but its form needs to change, both to correct flaws in the system that have become unbearable, and to accommodate changes in the economy and the litigation practices in the patent realm.”
S1145 includes controversial provisions on issues such as damages, venue and inequitable conduct, which have many in the patent community up in arms. In October, More than 430 organizations and companies representing over 25 industries wrote to Senate leaders to express their concerns about the pending legislation. In November, a number of venture capital firms followed suit.
Robert Lindefjeld of Jones Day said that the report does not indicate that the bill will pass, and that the proposed legislation will not fix the flaws in the US patent system: “It is the increasing premium placed on innovation that is driving this, not a broken patent system. While there are many areas where the system can be improved, the answer is not to make patents more difficult to obtain, maintain, and enforce.”
On September 7, the House of Representatives passed HR 1908 by 220 votes to 175, following a two-hour debate. If S1145 were to pass in the Senate, it is likely that a conference will be held to reconcile the two bills, as they differ in several ways.
The differences include their approach to capping the window for opposition to a patent and the way in which they introduce the first-inventor-to-file rule.
