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ARTICLE · 30 JUNE 2011

Changes To The U.S. Patent System On The Horizon

Torys LLP
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Legislation aimed at making a number of changes to patent law in the United States has now been passed by both the Senate and the House of Representatives.

United StatesIntellectual Property
Edward Fan
Edward Fan
Karen Townsend
Karen Townsend

Legislation aimed at making a number of changes to patent law in the United States has now been passed by both the Senate and the House of Representatives. This proposed legislation overcame one of its final major hurdles on June 23, 2011, when the House of Representatives approved its version of the America Invents Act by a clear vote margin of 304 to 117. The Senate had passed its version of the bill in March of this year. The House and Senate must now agree on a single draft bill before it can be passed into law on approval from the White House.

First Inventor to File and Patent Office Funding

Two of the more significant changes introduced by the House and Senate bills relate to awarding the right to obtain a patent among competing inventors, and how fees paid to the U.S. Patent and Trademark Office (USPTO) by patent applicants and patentees are utilized.

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