Originally published March 22, 2011
The U.S. Senate recently passed the America Invents Act (AIA) by
an overwhelming margin. Though this is the fourth consecutive
Congress in which comprehensive patent reform legislation has been
introduced, the AIA appears to have significant traction and may
end up being the first substantial Congressional overhaul of the
U.S. patent system in nearly 60 years if approved by the U.S. House
of Representatives.
On January 25, 2011, Senator Patrick Leahy (D-VT) introduced the
Patent Reform Act of 2011 to the Senate Judiciary Committee.
As introduced, the Patent Reform Act of 2011 proposed numerous
changes to the patent system. Notable provisions included
transitioning to a first-inventor-to-file system, establishing a
post-grant review process, granting the United States Patent and
Trademark Office (USPTO) the authority to set its own fees, and
providing a formula for calculating damages.
