A patent reform primer

This year stands to be a critical step in the history of US patent law. Reform is on the agenda and it seems a critical mass is developing. It is quickly becoming clear that major changes are likely to be made in the near future (perhaps by this Congress). I’ve been amazed, though, by the lack of awareness of the issue in the patent bar. I have spoken with several patent attorneys that were, at the time, unaware of the reform movement and expressed surprise when updated on the extent of the issue and the inertia behind it.

With that in mind, I have distilled some of the more pertinent information into this primer…a resource stakeholders can use to quickly get a grasp on the issues. The “reform season” is about to kick off. AIPLA is holding its first Town Meeting on Patent Reform on February 18th. So now is a great time to review the issues and get involved.

Two reports are considered the focal point of the reform movement:

1. A Patent System for the 21st Century by the National Research Council of the National Academies [.pdf](290 pp.)

2. To Promote Innovation: The Proper Balance of Competition and Patent Law and Policy by the Federal Trade Commission [.pdf](315 pp.)

Considering their heft, not everyone will have the time to review the reports completely (both, by the way, would benefit from better .pdf practices).

The solution? Read the AIPLA responses to the reports, pdf’s available here and here.

There is significant overlap between the two reports. The AIPLA response to the NRC report [.pdf] is the easiest document to read and navigate. So, if you only have time to review one document, this is the one that will provide the most useful information. The Executive Summary on pp. 1-3 provides a concise summary of the recommendations, and AIPLA’s position on the recommendations, in a bulleted list format. Its the perfect place to start.

If your interested in early Congressional efforts on the matter, review the text of the Patent Quality Assistance Act of 2004 [.pdf]. Representative Howard Berman’s remarks [.pdf] on the introduction of the bill in the 108th show a determination to address the issue in the 109th Congress.

The USPTO’s 21st Century Strategic Plan [.pdf] provides a list of PTO reform initiatives, some of which are already underway. The Office’s Report to Congress on Inter Partes Reexamination, required by the American Inventor’s Protection Act, is quite telling. It reveals a real need and indeed desire on the part of the Patent Office for a new post-grant review procedure.

Lastly, review the brochure for the AIPLA Town Meetings on Patent Reform [.pdf]. Its not too late to register for the meetings and get involved. I’ll be attending the meeting in Chicago on March 4.

Need more information on patent reform? Check out the PTP Patent Reform Library.