06 April 2009

Compromise puts US patent reform back on track

Eileen McDermott, New York

The Senate Judiciary Committee on Thursday approved an amended version of the US Patent Reform Act (S515) that is said to include significant compromises on provisions that have kept the bill deadlocked thus far

The biggest change is to the provision on damages, which has polarised the patent community since the bill's introduction in 2007.

The new wording has come to be known as the gatekeeper provision, as it formally elevates judges to the role of gatekeeper in deciding which damages calculation is most appropriate.

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Compromise puts US patent reform back on track

The rest of this article is available to subscribers to Managing IP only.

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