Patent Bill Sees Avalanche Of Amendments
The House Rules Committee is slated to take up the much-hyped patent reform bill (H.R. 1908) on Thursday afternoon after Technology Daily's deadline. In anticipation of the meeting, the panel released a summary of amendments that have been submitted.
Here's a quick rundown:
Judiciary Committee Chairman John Conyers, D-Mich., and California Democrat Howard Berman have a manager's amendment that would:
-- Retain interference proceedings for applications filed before the effective date of a claimed invention.
--Clarify the manner in which the president is to give notice of when major patenting authorities adopt a grace period similar to the one provided in the United States.
--Ensure that the jury in a patent case makes the determination of whether willful infringement has occurred.
--Limit the composition of the Patent Trial and Appeal Board by excluding political appointees.
--Adding a clause to ensure the entire bill is not struck down if one part of the act is found unconstitutional or otherwise unenforceable.
--Eliminate the so-called "venue transfer" provision.
Rep. Tammy Baldwin, D-Wis., wants to introduce language that would strike provisions of the bill that expand prior user rights. It also calls for a study on whether prior user rights laws in other countries promote innovation.
Texas Republican Louie Gohmert plans to offer several amendments that would permit nonprofits and the initial holders of patents to file infringement suits where they reside and eliminate the requirement of a defendant having substantial evidence or witnesses before a request to transfer will be considered.
Gohmert's changes would also allow a court to consider fairness to the litigants as well as the caseloads and potential delays of other courts when considering a request to transfer a patent case. He also wants to ensure that suits can be filed "in any district or division" where the defendant substantially infringed.
Rep. Darrell Issa, R-Calif., wants to add a provision that would permit patent applicants to delay publication of their paperwork until the later of three months after a second PTO decision or 18 months after the filing date.
For more amendments, click here.
Join the Discussion
The National Journal Group has the right (but not the obligation) to monitor the comments and to remove any materials it deems inappropriate.
Comments powered by Disqus