Leahy noted that when he began working on the issue several years ago with Sen. Orrin Hatch, R-Utah, House Judiciary Chairman John Conyers, D-Mich., and others "we wanted to improve patent quality and the operations at the [Patent and Trademark Office], and address runaway damage awards that were harming innovation. We are close to a compromise that will address these issues."

He added, that "No one will think this a perfect bill, but we are close to a comprehensive patent reform bill that benefits all corners of the patent community." The patent bill approved by the Senate Judiciary Committee in April 2009 aimed to address the PTO's chronic application backlog and improve internal efficiencies. It also would change the protocol for challenging patents - a move that has divided small innovators, the life-sciences sector and the IT industry.

The Innovation Alliance, which has been critical of the bill, said the changes "appear to be a positive step in the right direction." The group's executive director, Brian Pomper, said in a statement "We have advocated for significant changes to the post-grant review provisions of the legislation that would prevent repeat legal challenges to patents because allowing repeat challenges would dampen U.S. job creation at the worst possible time." Sessions also has raised concerns about the language related to challenging patents after they have been granted that was included in the bill passed by the committee.

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Almost all patent applications were being published at 18 months anyway 
and if you did not want to foreign file you could avoid publication. This in it self can speed up the econmic recovery. 

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Why so long?? We have a patent applying at the moment, and it is VERY difficult to get the right kind of information on where they/us are up to!

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Certain grants made by the monarch in pursuance of the royal prerogative were sometimes called letters patent, which was a government notice to the public of a grant of an exclusive right to ownership and possession. But if you have need any helps of seo services then you have need for seo helps from us which is a great seo company in India.

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Too many corporate managers feel entitled to simply use whatever technology they want.  Piracy happens far too often, and it hurts both innovation and the consumer.

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Too many corporate managers feel entitled to simply use whatever technology they want.  Piracy happens far too often, and it hurts both innovation and the consumer.

Sure, one pirate agrees with another how to split up thebooty. Small entities and many others who have a survival stake in this were not permitted to participate. What a farce!

Patent reform is a fraud on America. It is patently un-American.
Please see http://truereform.piausa.org/ for a different/opposing view on patent reform.

The Director of the Patent Office David Kappos is arguing that patent reform will be good for independent inventors. 

I disagree that patent reform is good for independent inventors or the US economy.

1) Damages – I believe that the patent reform bill still has the provision that reduces damages for infringing. As long as this provision is in the patent reform bill it will damage small inventors and the US economy.

2) First-to-File: I understand and have made the point that very few cases are won by the second to file. However, a first-to-file system is a first step in eliminating the inventor from the patent process. The next step will be to issue patents to entities, why name the inventors since we are not serious about the true inventors anyway. A first to file system is a fraud. It rewards not inventors but people who are skilled at gaming the system. 

This is similar to the publication rule. Most patent applications were being published at 18 months anyway and if you did not want to foreign file you could avoid publication. But, publication is a breach of the social contract between the inventor and society. Society gets the benefit of disclosure but the inventor may never receive his part of the bargain. Note that immediately after this breach pendancy times expanded and the allowance rate fell off a cliff. Ron Katznelson has done a study showing that pendancy times always expand, usually by a factor of two, when a country adopts publication. 

3) Publication: I believe that the present bill requires the publication of all patent applications. As stated above this is a clear breach of the social contract between the inventor and society. Publication discourages people from inventing and filing for patents. If an invention can be kept a trade secret, more people will chose this right to the detriment of everyone. We tried the trade secret route in the middle ages and the level of innovation was pitiful. If an invention cannot be kept a trade secret, investors will be less willing to back a company whose inventions are known to the whole world before the company even gets protection in their own country. 

Real Patent Reform

Here are my suggestions for real patent reform that would not only help small inventors but the US economy.

1) Repeal Publication: This would restore the social contract

2) Repeal KSR: A subject standard of patentability just increases costs and uncertainty associated with the patent process

3) Repay PTO: Congress should repay the over $1B it stole from inventors with interest.

4) Regional Offices for PTO: This would ensure steady funding of the PTO and increase examiner retention

5) Repeal eBay: This decision is logical absurdity. If a patent give you the right to exclude, then if you win a patent infringement case you must be able to enforce your only right – the right to exclude

6) Eliminate “Combination of Known Elements”: The fact that the Supreme Court does not understand that every invention in the history of the world is a combination of known elements is high of ignorance. Have they ever heard of “conservation of matter and energy”? 

Dale B. Halling, Author of the “Decline and Fall of the American Entrepreneur: How Little Known Laws and Regulations are Killing Innovation.” http://www.amazon.com/Decline-Fall-American-Entrepreneur-Regulations/dp/1439261369/ref=sr_1_1?ie=UTF8&s=books&qid=1262124667&sr=8-1

The patent system is broken.  Patents are being granted for things that should not be patentable, such as business methods, software, genes, etc. The patent system needs to be fixed.