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ARTICLE · 20 SEPTEMBER 2011

Patent Reform Is Upon Us

Morrison Foerster
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The Senate voted today to adopt the House of Representatives' version of the Leahy-Smith America Invents Act, advancing it to the president’s desk. President Obama has indicated his willingness to sign the bill into law in a timely fashion.

United StatesIntellectual Property
Colette Verkuil
Colette Verkuil
James Mullen III, Ph.D.
James Mullen III, Ph.D.
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The Senate voted today to adopt the House of Representatives' version of the Leahy-Smith America Invents Act, advancing it to the president's desk. President Obama has indicated his willingness to sign the bill into law in a timely fashion. Passage of the Act represents the culmination of more than six years of effort. Upon being signed into law, the Leahy-Smith America Invents Act will be the first major overhaul to the patent system in almost 60 years.

PATENT REFORM BACKGROUND

The Leahy-Smith America Invents Act can trace its birth to a debate initially sparked by a 2004 National Academy of Science report that recommended overhauling the patent system to address what it identified as weaknesses in questionable patent quality, rising transaction costs, and international inconsistencies in patent coverage. The report recommended the introduction of a mechanism for post-grant challenges of newly issued patents, amendments to simplify and reduce the cost of patent

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