Dear colleagues:

The Senate has now passed the new patent act, H.R. 1249. The bill is
on its way to the President for signature. This is a tremendous event.
The new bill replaces the first-to-invent provisions in the current
law with a first-to-file standard. The U.S. is the last country to
adopt first-to-file. It will lower uncertainty and cut litigation
costs, while moving the U.S. into the 21st century. I've pasted below
a news release from the American Intellectual Property Association
with more details.

Bryan Carson

Senate Vote Sends Patent Reform Legislation to White House
Voting 89-9, the Senate on September 8, 2011, passed H.R. 1249 without
amendment, sending the comprehensive patent reform legislation to the
White House for the President's signature. On this occasion, AIPLA
President David Hill offered the following message to AIPLA members:

"After more than six years of work, Congress has finally passed patent
reform legislation to be sent to the White House for the President’s
signature. This challenging endeavor was directed to a common purpose
of improving patent quality and the innovation incentives, even if
there was disagreement among some on the best path to that goal. In
some ways, the legislation that resulted is not exactly what I or
others might have wanted, but, like all legislation, it is a
compromise measure with much potential to improve the present system.

"The time has arrived now to look forward and ensure that the new law
is implemented in a way that fulfills that potential, and AIPLA will
lead the way with both its advocacy and education programs. I want to
express my thanks to members for their support and understanding
throughout this journey, and to give my assurance that the Association
will continue to work for the most effective patent system possible."

Among other things, this long-awaited legislation converts the U.S.
patent system to a "first inventor to file" standard of determining
priority and establishes an expanded post-grant review procedure to
permit early and economical challenges to questionable patents.
Importantly, the legislation includes a provision to give greater
assurance that user fees will be exclusively available for the
activities of the USPTO.

Many of the new provisions will be implemented a year after the
president signs the legislation, but some will go into effect
immediately. Recent issues of AIPLA Direct review the provisions that
are immediately effective on enactment (best mode, marking, taxes, fee
provisions, reexamination). One provision of wide interest will amend
35 U.S.C. 292 to eliminate qui tam actions for false marking,
effective immediately upon enactment and applicable to all cases
pending on, or commenced on or after, the date of enactment. See H.R.
1249, pp. 118-119.

--
Bryan M. Carson, J.D., M.I.L.S., Ed.D.
Special Assistant to the Dean for Grants & Projects/Coordinator of
Reference & Instructional Services
Western Kentucky University Libraries
Author, "The Law of Libraries and Archives" and "Finding the Law:
Legal Research for Librarians & Paralegals" (Scarecrow Press)
1906 College Heights Blvd. #11067
Bowling Green, Kentucky  42101-1067
Phone: 270-745-5007; Fax: 270-745-2275
xxxxxx@wku.edu | xxxxxx@gmail.com
All original content copyright Bryan M. Carson

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