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Difference between revisions of "America Invents Act"

(In the USA, the '''America Invents Act''' (previously called '''The Patent Reform Act''') is legislation that was adopted in September 2011, after numerous rejected proposals starting in 2005. It)
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In the [[USA]], the '''America Invents Act''' (previously called '''The Patent Reform Act''') is legislation that was adopted in September 2011, after numerous rejected proposals starting in 2005.  It changes very little.  The USA moves from first-to-invent to [[First-to-file]].
In the [[USA]], '''The Patent Reform Act''' is legislation that was proposed in 2007.  As of June 2011, it seems to have been renamed the '''America Invents Act'''.  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]].
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The 2005 proposal aimed to implement proposals from the excellent [[US FTC 2003 report on innovation]], but the proposals got watered down each year until only a minimalist act was passed in 2011.
  
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.
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However, even in its 2005 form, this proposal did not propose the reform we need - it would not end or greatly 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 may reduce the problem of [[patent trolls]] (although as of August 2012 there seems to be no change), but won't have any effect on the [[harm to standards]] or on [[MPEG video formats]].
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==The successive proposals==
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With links to the Wikipedia articles for each:
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* [http://en.wikipedia.org/wiki/Patent_Reform_Act_of_2005 Patent Reform Act of 2005]
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* [http://en.wikipedia.org/wiki/Patent_Reform_Act_of_2007 Patent Reform Act of 2007]
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* [http://en.wikipedia.org/wiki/Patent_Reform_Act_of_2009 Patent Reform Act of 2009]
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* [http://en.wikipedia.org/wiki/Leahy-Smith_America_Invents_Act Leahy-Smith America Invents Act], 2011
  
 
==Related pages on {{SITENAME}}==
 
==Related pages on {{SITENAME}}==
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* [[2008 State of Software Patents]], Section III discusses Congress and The Patent Reform Act
 
* [[2008 State of Software Patents]], Section III discusses Congress and The Patent Reform Act
 
* [[Raising examination standards]]
 
* [[Raising examination standards]]
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* [http://www.patentlyo.com/patent/2009/08/article-interlocutory-appeals-of-claim-construction-in-the-patent-reform-act-of-2009.html Patently-o article about The Patent Reform Act 2009]
 
* [http://www.patentlyo.com/patent/2009/08/article-interlocutory-appeals-of-claim-construction-in-the-patent-reform-act-of-2009.html Patently-o article about The Patent Reform Act 2009]
 
* April 2007: [http://arstechnica.com/tech-policy/news/2007/04/new-patent-reform-bill-would-streamline-appeal-process.ars New patent reform bill would streamline appeal process], Ars Technica
 
* April 2007: [http://arstechnica.com/tech-policy/news/2007/04/new-patent-reform-bill-would-streamline-appeal-process.ars New patent reform bill would streamline appeal process], Ars Technica
* Wikipedia: [http://en.wikipedia.org/wiki/Patent_Reform_Act_of_2007 Patent Reform Act of 2007]
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* [http://en.wikipedia.org/wiki/Patent_Reform_Act_of_2007 Patent Reform Act of 2007], '''Wikipedia'''
 
* http://www.patentlyo.com/patent/2007/01/why_microsoft_w.html
 
* http://www.patentlyo.com/patent/2007/01/why_microsoft_w.html
 
* [http://www.patentlyo.com/patent/2005/12/patent_reform.html Patent Reform] Dec 14, 2005
 
* [http://www.patentlyo.com/patent/2005/12/patent_reform.html Patent Reform] Dec 14, 2005

Revision as of 18:47, 6 August 2012

In the USA, the America Invents Act (previously called The Patent Reform Act) is legislation that was adopted in September 2011, after numerous rejected proposals starting in 2005. It changes very little. The USA moves from first-to-invent to First-to-file.

The 2005 proposal aimed to implement proposals from the excellent US FTC 2003 report on innovation, but the proposals got watered down each year until only a minimalist act was passed in 2011.

However, even in its 2005 form, this proposal did not propose the reform we need - it would not end or greatly 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 may reduce the problem of patent trolls (although as of August 2012 there seems to be no change), but won't have any effect on the harm to standards or on MPEG video formats.

The successive proposals

With links to the Wikipedia articles for each:

Related pages on ESP Wiki

External links

Senate committee hearings