House Approves Comprehensive Patent Overhaul

The Washington Post ^ | September 8, 2007 | Catherine Rampell

[khnyny]

The House yesterday passed the most comprehensive patent reform in half a century, delivering a victory for computer technology and financial services companies and leaving drug companies, small inventors, and the U.S. Patent and Trademark Office bracing for a bigger fight before the bill hits the Senate floor.

The bill, which passed 225 to 175 with strong bipartisan support, is meant to reduce the mounting number of patent infringement cases by changing the ways patents are awarded and challenged.

Because much of the bill is perceived to be favorable to targets of patent-infringement suits rather than patent holders, it has attracted passionate support from big technology companies, which are usually the defendants in such suits, and criticism from drug manufacturers and small inventors, who are typically plaintiffs.

[khnyny]

"The House yesterday passed the most comprehensive patent reform in half a century..."

Is this necessarily a good thing?

[RightWhale]

Is this necessarily a good thing?

From Congress? An appropriate question might be if this is possibly a good thing.

[crazyshrink]

Everything that can be invented has been invented.
- Charles H. Duell, Commissioner, U.S. Office of Patents, 1899

[proxy_user]

Well, there goes my patent on selling ‘customers’ merchandise in exchange for ‘money’.....

[KingSnorky]

I know the patent process is a mess, but seeing the word “comprehensive” used to describe a piece of legislation is usually a cause for concern.

[dsc]

“Is this necessarily a good thing?”

Not unless the Democrat majority returned to Original Intent.

Sorry. I couldn’t say that with a straight face.

[stephenjohnbanker]

“The House yesterday passed the most comprehensive patent reform in half a century, delivering a victory for computer technology and financial services companies and leaving drug companies, small inventors, and the U.S. Patent and Trademark Office bracing for a bigger fight before the bill hits the Senate floor.”

Smells bad already.

[Atlas Sneezed]

This bill (the ID is not mentioned in the article, sadly) appears to relate to calculations of damages.

I hope it does not attempt the monumentally unconstitutional approach of switching to a “first to file” system.

[jude24]

I hope it does not attempt the monumentally unconstitutional approach of switching to a “first to file” system.

I can see why that might be deemed unwise, but how would that be unconstitutional? The Patent provision of the Constitution does not mandate means.

[Atlas Sneezed]

Here is a more informative article:
http://www.infoworld.com/article/07/09/07/House-passes-patent-overhaul-bill_1.html

[montag813]

This is outrageous, and will hurt this nation badly when Chinese-controlled entities take full advantage.

[khnyny]

I hope it does not attempt the monumentally unconstitutional approach of switching to a “first to file” system.

Is this what you mean:

From the article:

"Among other provisions, the bill would expand the process for challenging patents after they've been granted and award patents based on who files for them first rather than who invented a product."

[notaliberal]

From Eagle Forum-Not good! "Eagle Forum"

[sourcery]

"The bill also sets into motion a change in the way patents are awarded, from the first-to-invent system unique to the U.S. to the first-to-file system used by the rest of the world."

Kill it!

[Atlas Sneezed]

I can see why that might be deemed unwise, but how would that be unconstitutional?

---

Because it grants rights to “inventors”, not “filers.”

An inventor by definition is the first one to come up with a concept.

[PAR35]

Smells bad already.

The patent system is already in a mess. The only question is whether this will make the mess worse, or just different.

[khnyny]

This is outrageous, and will hurt this nation badly when Chinese-controlled entities take full advantage.

It's my understanding that the Chinese are already rampantly infringing on patents. Specifically, how would this make the situation with the Chinese worse?

[khnyny]

Thanks for the link.

[eyedigress]

Depends on your portfolio.

[khnyny]

Thank you for the link.