Sweeping Changes to U.S. Patent Laws may be on the Horizon

In an apparent effort to improve patent quality and reduce the overall cost associated with procuring and enforcing patent rights, a committee of the U.S. House of Representatives is considering a draft patent bill which would impose sweeping changes to existing law. After more than 200 years of awarding patents to the first inventor, the U.S. patent laws may soon change to a first-to-file system. In addition, the committee proposed the creation of post-grant opposition procedure, a statutory duty of candor (which, in comparison with the existing case law and rules, heavily favors patentees), and revisions to the law governing the award of damage multipliers and the issuance of injunctions. Some highlights of the proposed changes include: