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Difference between revisions of "America Invents Act"

(some words on first to file)
(I've moved the first-to-invent text to its own article: First-to-file or first-to-invent)
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This proposal does not deliver the real reform we need - it would not end or even reduce the granting of [[software patents]] by the [[USPTO]].  We need to change what can be patented - what areas are "[[patentable subject matter]]", to have software removed.  This reform might reduce the problem of [[patent trolls]], but won't have any effect on the [[harm to standards]] or on [[MPEG video formats]].
 
This proposal does not deliver the real reform we need - it would not end or even reduce the granting of [[software patents]] by the [[USPTO]].  We need to change what can be patented - what areas are "[[patentable subject matter]]", to have software removed.  This reform might reduce the problem of [[patent trolls]], but won't have any effect on the [[harm to standards]] or on [[MPEG video formats]].
  
==First to file==
+
It is generally proposed to change the USA's granting system from [[first-to-invent]] to first-to-file, like the rest of the world.
 
 
[edit: I haven't read the details within the proposed bill]
 
A first-to-file approach to granting patents (such as the approach being advanced by this reform effort) would further increase the inequity between professional patent filers and the average developer-inventor. Generally this favors even more those with lots of money. In particular, it makes it easier still to take exact ideas from the vast body of commons and acquire patents under the control of whoever seeks the patent.
 
  
 
==Related pages on {{SITENAME}}==
 
==Related pages on {{SITENAME}}==
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* [[Legislation in the USA]]
 
* [[Legislation in the USA]]
 
* [[Calculating infringement damages in the USA]] - the reform aims to change damages
 
* [[Calculating infringement damages in the USA]] - the reform aims to change damages
 +
* [[First-to-file or first-to-invent]]
  
 
==External links==
 
==External links==

Revision as of 08:38, 21 October 2010

In the USA, The Patent Reform Act is legislation that was proposed in 2007. It was rejected in the Senate in 2008 but discussions began again in 2009 and continued in 2010.

This proposal does not deliver the real reform we need - it would not end or even reduce the granting of software patents by the USPTO. We need to change what can be patented - what areas are "patentable subject matter", to have software removed. This reform might reduce the problem of patent trolls, but won't have any effect on the harm to standards or on MPEG video formats.

It is generally proposed to change the USA's granting system from first-to-invent to first-to-file, like the rest of the world.

Related pages on ESP Wiki

External links

Senate committee hearings