Patent Reform Legislation - Is The Third Time The Charm?

On March 3, 2009, the chairmen of the House and Senate Judiciary committees introduced companion bills that would reform the patent laws of the United States. H.R. 1260 was introduced in the House of Representatives by Chairman John Conyers, Jr. (D-Mich.), along with four cosponsors. Chairman Patrick Leahy (D-Vt.) and six cosponsors introduced S. 515 in the Senate. Chairmen Leahy and Conyers, Senator Orrin Hatch (R-Utah), and Representative Lamar Smith (R-Texas) also held a press conference to emphasize the importance of passing this legislation. These bills are part of the continuing effort to address perceived problems with the patent laws.

The legislation reflects negotiations, compromises, and drafting work done in earlier patent reform efforts. While the bills would affect many aspects of the patent laws, the most significant proposed changes — and the changes that are most likely to provoke controversy — concern reform of patent infringement litigation,