| What Inventors Should Know About the Patent Reform Act |
What Inventors Should Know About the Patent Reform Act
Experienced inventors exist in great numbers. They've most likely filed a number of patent applications and know generally how patent filing works. Nevertheless, with growing technologies and changes to invention paradigms, the US government has had to keep patent law up-to-date. The US Patent and Trademark Office (USPTO) often has rule changes, and they do their best to inform the public what the changes are. However, every now and then the US Congress makes large changes to patent law. In 2007, the Patent Reform Act was reported, containing many alterations to patent rules. A summary of the changes are listed.
The First-to-File Rule
Prior to 2007, the United States was the only country in the world that would evaluate patent applications in the order of the creation of the invention, rather than the date of patent filing. The change introduced here would make the USPTO evaluate patent applications chronologically based on the date of filing. The benefits of doing this would be to a) conform to international processes of patent handling and b) reduce legal costs and court time related to the length of each evaluation. Opponents to this change see a potential problem of inventors rushing through patent applications in order to file their patents earlier than competitors.
Approximation of Damages
In the past, inventors who recognized patent infringement could sue the infringer for royalties equal to the amount that their whole invention could sell for. In the Patent Reform Act of 2007, a change was made to this rule: the patent holder would only be able to claim royalties for the invention they created, and not the sales related to the improvements that the infringers made. This clarification was made in order to reduce the amount of frivolous litigation that has been apparent in recent years with high-technology instrumentation and software. Those opposed to the changes claim that the market value of the changes would be difficult to estimate, and would tie up the courts longer when a patent infringement case occurs.
Inventors Oath Changes
In any patent application, there is an oath that an inventor must sign to declare that the application is true to the best of his or her knowledge. The Patent Reform Act adds leniency to this rule. If the inventor is dead or disabled, and cannot sign the application, an assignee can sign the patent application in the inventor's absence.
Interlocutory Appeals
Large companies who are frequently targeted legally during the patent process are always looking for ways to reduce their legal costs. With this change, a case which revolves around an incorrect interpretation of a patent can avoid a full appeal which leads to a second trial. Due to the fact that around two-thirds of incorrect interpretations are found through a full trial, an interlocutory appeal would increase courtroom availability. Although this idea would shorten court time, the interlocutory appeal would have to come from the Federal Circuit Court of Appeals, and would take up a significant chunk of their time.
Third Party Opposition
Anytime a patent is issued, it's unclear how the patent will affect the world around it. As a result, the Patent Reform Act changes the rules so that an opponent to a particular patent can file an infringement lawsuit up to twelve months after the patent was granted, assuming that the patent caused the person or group significant economic harm. Arguments made against this change focus on the idea that twelve months was too much time, and would allow for frivolous lawsuits. The change also proposes the creation of a new part of the USPTO, the Patent Trial and Appeal Board, who would look over these legal actions.
Prior Use Defense
Before 2007, the prior-use defense, which protects companies from losing revenue gained before a patent or trademark was issued to them, was only applied to business methods. While this rule could essentially invalidate the purpose of the patent, it favors small businesses that do not have the know-how about patenting their trade secrets. In the Patent Reform Act, the prior-use defense is applied to all types of patents issued by the USPTO.
These were the most crucial changes to patent law introduced by the bills. Currently the Patent Reform Act is still being evaluated by the Senate, but in general, the support of these changes is significant.
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