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ARTICLE · 03 MAY 2007

Key Changes In Patent Reform Act Of 2007

Woodcock Washburn LLP
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The latest proposed patent reform legislation – the Patent Reform Act of 2007 – is a pared down version of the 2005 proposal, but still contains provisions that are likely to spark heated debate before making it out of committee for any vote. Overall, the 2007 Act favors accused infringers at the expense of patent owners. This article contains a brief overview of the major proposed changes:</

United StatesIntellectual Property

by David R. Bailey of Woodcock Washburn LLP

The latest proposed patent reform legislation – the Patent Reform Act of 2007 – is a pared down version of the 2005 proposal, but still contains provisions that are likely to spark heated debate before making it out of committee for any vote. Overall, the 2007 Act favors accused infringers at the expense of patent owners. Here is a brief overview of the major proposed changes:

1. Implementing a First to File System

The 2007 Act grants patent rights to the inventor who is first to file an application with the Patent Office. Thus, the Act does away with interference practice. The Act replaces interferences with "derivation proceedings," which are administrative actions to determine if a prior-filing party improperly derived the claimed invention from a later-filing party.

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