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Difference between revisions of "America Invents Act"

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In 2007, '''The Patent Reform Act''' was proposed in the [[USA]].  It was rejected in the Senate in 2008 but discussions began again in 2009.
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{{infobox usa}}
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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.  Like most [[Minor reform proposals in the USA|proposals]], it changes very littleThe USA moves from first-to-invent to [[First-to-file]], slight improvements are brought to post-grant review, etc.
  
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.
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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.
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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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* [[Legislation in the USA]]
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* [[Calculating infringement damages in the USA]] - the reform aims to change damages
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* [[First-to-file or first-to-invent]]
  
 
==External links==
 
==External links==
  
 
* ESP: [http://endsoftpatents.org/the-patent-reform-act The Patent Reform Act]
 
* ESP: [http://endsoftpatents.org/the-patent-reform-act The Patent Reform Act]
* [http://www.patentlyo.com/patent/2010/03/patent-reform-act-of-2010-an-overview.html Patent Reform Act of 2010: An Overview]
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* http://www.patentfairness.org/ - A campaign generally supporting the proposed reforms
* March 2009: Slashdot, [http://yro.slashdot.org/article.pl?sid=09/03/04/181234 Lawmakers Take Another Shot At Patent Reform]
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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]
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=== News selection ===
* 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
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* Wikipedia: [http://en.wikipedia.org/wiki/Patent_Reform_Act_of_2007 Patent Reform Act of 2007]
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(newest first)
* http://www.patentlyo.com/patent/2007/01/why_microsoft_w.html
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* [http://www.patentlyo.com/patent/2005/12/patent_reform.html Patent Reform] Dec 14, 2005
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* [http://legaltimes.typepad.com/blt/2010/06/ip-experts-question-patent-reform-provisions.html IP Experts Question Patent Reform Provisions], 15 June 2010
* [http://www.oreillynet.com/pub/a/policy/2005/09/16/patent-reform-bill.html 2005 interview] with [[Mark Webbink]]
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* [http://techdailydose.nationaljournal.com/2010/05/conyers-patent-talks-appear-st.php Conyers: Patent Talks Appear 'Stalled'], 5 May 2010
* A campaign generally supporting the proposed reforms: http://www.patentfairness.org/
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* [http://www.patentlyo.com/patent/2010/03/patent-reform-act-of-2010-an-overview.html Patent Reform Act of 2010: An Overview], March 2010, '''Patently-O'''
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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], Aug 2009, '''Patently-O'''
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* [http://yro.slashdot.org/article.pl?sid=09/03/04/181234 Lawmakers Take Another Shot At Patent Reform], March 2009, '''Slashdot'''
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* [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], April 2007, '''Ars Technica'''
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* http://www.patentlyo.com/patent/2007/01/why_microsoft_w.html - Jan 2007, '''Patently-O'''
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* [http://www.patentlyo.com/patent/2005/12/patent_reform.html Patent Reform], 14 Dec 2005, '''Patently-O'''
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* [http://www.oreillynet.com/pub/a/policy/2005/09/16/patent-reform-bill.html 2005 interview with Mark Webbink], 16 Sep 2005, '''O'Reilly Net'''
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===Senate committee hearings===
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* http://judiciary.senate.gov/hearings/hearing.cfm?id=3701 (March 10th 2009)
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* http://judiciary.senate.gov/hearings/hearing.cfm?id=2803 (June 6th 2007)
  
  
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[[Category:USA]]
 
[[Category:USA]]

Latest revision as of 22:02, 30 August 2013

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. Like most proposals, it changes very little. The USA moves from first-to-invent to First-to-file, slight improvements are brought to post-grant review, etc.

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

News selection

(newest first)

Senate committee hearings