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September 10, 2007

House Passes Patent Reform Act

The House passed the Patent Reform Act on Friday (H.R. 1908).  The Act makes major changes to how patents are issued and enforced.  Among these is changing how damages are awarded.  Damages are now assessed on the total value of the infringing product.  The Act would change this to the value of the patent to the infringing product.  The Office of Management and Budget has come out against this change saying that it wouldn't reward innovation.

Other changes make it easier to challenge a patent in court or administratively, limit forum shopping, and changes the standard from first to invent to first to file.  The Senate has yet to act on the bill where it faces uncertain lobbying efforts, particularly from the pharmaceutical industry which has serious concerns about the bill.

September 10, 2007 | Permalink


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