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Wednesday, June 08, 2005

Blair Jones Press Secretary 202 225 4236

Smith Introduces Patent Reform Bill

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Washington, DC − Congressman Lamar Smith (R-TX) today introduced the Patent Reform Act of 2005, legislation to improve the quality of patents issued by the U.S. Patent and Trademark Office and to reform certain patent practices that disrupt the operations of high−tech companies and other businesses.

“The bill in its current form is, without question, the most comprehensive change to U.S. patent law since Congress passed the 1952 Patent Act,” said Smith.

“The Intellectual Property Subcommittee has undertaken such responsibility because the changes are necessary to bolster the U.S. economy and improve the quality of living for all Americans,” Smith noted.

“The bill will eliminate legal gamesmanship from the current system that rewards lawsuit abuses over creativity. It will enhance the quality of patents and increase public confidence in their legal integrity,” said Smith.

“This will help individuals and companies obtain seed money for research, commercialize their inventions, grow their businesses, create new jobs, and offer the American public a dazzling array of products and services that make our country the envy of the world,” Smith commented.

“All businesses, small and large, will benefit. All industries directly or indirectly affected by patents, including finance, automotive manufacturing, high-tech, and pharmaceuticals, will profit,” Smith noted.

“The bill is a good first-cut of what we envisioned when this process commenced. No doubt, it will undergo changes as we proceed to markup,” Smith concluded.

The Patent Act:

•Provides that the right to a patent will be awarded to the first inventor to file for a patent who provides an adequate disclosure for a claimed invention;

•Simplifies the process by which an applicant takes an oath governing the particulars of an invention and the identity of the rightful inventor;

•Deletes the “best mode” requirement from §112 of the Patent Act, which lists certain “specifications” that an inventor must set forth in an application;

•Codifies the law related to inequitable conduct in connection with patent proceedings before the PTO;

•Clarifies the rights of an inventor to damages for patent infringement;

•Authorizes courts with jurisdiction over patent cases to grant injunctions in accordance with the principles of equity to prevent the violation of patent rights;

•Authorizes the PTO to limit by regulation the circumstances in which patent applicants may file a continuation and still be entitled to priority date of the parent application;

•Expands the 18 month publication feature to all applications;

•Creates a new post−grant opposition system;

•Allows third-party submission of prior art within six months after the date of publication of the patent application.

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