Difference between revisions of "America Invents Act"
m (moved The Patent Reform Act (USA) to America Invents Act: new name) |
(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 | ||
− | + | 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: | ||
+ | |||
+ | * [http://en.wikipedia.org/wiki/Patent_Reform_Act_of_2005 Patent Reform Act of 2005] | ||
+ | * [http://en.wikipedia.org/wiki/Patent_Reform_Act_of_2007 Patent Reform Act of 2007] | ||
+ | * [http://en.wikipedia.org/wiki/Patent_Reform_Act_of_2009 Patent Reform Act of 2009] | ||
+ | * [http://en.wikipedia.org/wiki/Leahy-Smith_America_Invents_Act Leahy-Smith America Invents Act], 2011 | ||
==Related pages on {{SITENAME}}== | ==Related pages on {{SITENAME}}== | ||
+ | |||
* [[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 | ||
− | * | + | * [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.
Contents
The successive proposals
With links to the Wikipedia articles for each:
- Patent Reform Act of 2005
- Patent Reform Act of 2007
- Patent Reform Act of 2009
- Leahy-Smith America Invents Act, 2011
Related pages on ESP Wiki
- 2008 State of Software Patents, Section III discusses Congress and The Patent Reform Act
- Raising examination standards
- Legislation in the USA
- Calculating infringement damages in the USA - the reform aims to change damages
- First-to-file or first-to-invent
External links
- ESP: The Patent Reform Act
- Patent Reform Act of 2010: An Overview
- March 2009: Slashdot, Lawmakers Take Another Shot At Patent Reform
- Patently-o article about The Patent Reform Act 2009
- April 2007: New patent reform bill would streamline appeal process, Ars Technica
- Patent Reform Act of 2007, Wikipedia
- http://www.patentlyo.com/patent/2007/01/why_microsoft_w.html
- Patent Reform Dec 14, 2005
- 2005 interview with Mark Webbink
- A campaign generally supporting the proposed reforms: http://www.patentfairness.org/
- Not sure this is relevant: Conyers: Patent Talks Appear 'Stalled', May 5th 2010
- IP Experts Question Patent Reform Provisions, June 15th 2010
Senate committee hearings
- http://judiciary.senate.gov/hearings/hearing.cfm?id=3701 (March 10th 2009)
- http://judiciary.senate.gov/hearings/hearing.cfm?id=2803 (June 6th 2007)