Managing Intellectual Property

Endgame for US patent reform

01 May 2008

Eileen McDermott, New York and James Nurton, London

Proposals to fundamentally reform the US patent system are on the brink of collapse, with opposing sides of the debate apparently unable to reach a compromise on controversial aspects of the plans.

Despite expectations that April would see the reform bill (S1145) make it to the Senate floor, the indications are that there is not enough agreement on key issues, such as reform of damages, for a vote to take place.

Parallel, but not identical, legislation (HR1908) reforming issues such as first-to-invent, the calculation of damages, PTO funding and introducing post-grant opposition, was passed by...



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