Comments on: House Passes Amended Version of Patent Reform Act of 2007 http://www.patentbaristas.com/archives/2007/09/10/house-passes-amended-version-of-patent-reform-act-of-2007/ Freshly Brewed Bio/Pharma Chat. Served Up Daily. Thu, 18 Mar 2010 11:54:35 -0400 http://wordpress.org/?v=2.9.2 hourly 1 By: Internet Advertising Methods » Blog Archive » House Passes Amended Version of Patent Reform Act of 2007 http://www.patentbaristas.com/archives/2007/09/10/house-passes-amended-version-of-patent-reform-act-of-2007/comment-page-1/#comment-55059 Internet Advertising Methods » Blog Archive » House Passes Amended Version of Patent Reform Act of 2007 Mon, 23 Jun 2008 14:14:18 +0000 http://www.patentbaristas.com/archives/2007/09/10/house-passes-amended-version-of-patent-reform-act-of-2007/#comment-55059 [...] present form picks winners and losers among industries with different business m… source: House Passes Amended Version of Patent Reform Act of 2007, Patent [...] [...] present form picks winners and losers among industries with different business m… source: House Passes Amended Version of Patent Reform Act of 2007, Patent [...]

]]> By: Open Source mobile edition http://www.patentbaristas.com/archives/2007/09/10/house-passes-amended-version-of-patent-reform-act-of-2007/comment-page-1/#comment-25713 Open Source mobile edition Wed, 10 Oct 2007 15:45:58 +0000 http://www.patentbaristas.com/archives/2007/09/10/house-passes-amended-version-of-patent-reform-act-of-2007/#comment-25713 [...] Last month the House approved, 220-175, HR 1908, the Patent Reform Act. The bill would create a first-to-file system for patents (instead of first-to-invent), limit where patent suits can be filed, and allow quick appeals on decisions about patent terms. [...] [...] Last month the House approved, 220-175, HR 1908, the Patent Reform Act. The bill would create a first-to-file system for patents (instead of first-to-invent), limit where patent suits can be filed, and allow quick appeals on decisions about patent terms. [...]

]]> By: Stephen Albainy-Jenei http://www.patentbaristas.com/archives/2007/09/10/house-passes-amended-version-of-patent-reform-act-of-2007/comment-page-1/#comment-22854 Stephen Albainy-Jenei Fri, 14 Sep 2007 19:49:14 +0000 http://www.patentbaristas.com/archives/2007/09/10/house-passes-amended-version-of-patent-reform-act-of-2007/#comment-22854 In looking at the House version, the Effective Date is stated as: Except as otherwise provided in this Act, the provisions of this Act shall take effect 12 months after the date of the enactment of this Act and shall apply to any patent issued on or after that effective date. Therefore, you have to look to the specific provisions. For example, the changes to Sec. 273, Special defenses to and exemptions from infringement, apply to any civil action commenced on or after the date of enactment of the Act. Under Section 6, Post-Grant Procedures for Reexamination: Notwithstanding any other provision of law, sections 311 through 318 of title 35, United States Code, as amended by this Act, shall apply to any patent that issues before, on, or after the date of enactment of this Act from an original application filed on any date. For Post-Grant Opposition Procedures: The Director ... shall, not later than the date that is 1 year after the date of the enactment of this Act, issue regulations to carry out chapter 32 of title 35, United States Code, as added by subsection (e) of this section. The amendments made by subsection (e) shall take effect on the date that is 1 year after the date of the enactment of this Act and shall apply to patents issued before, on, or after that date, except that, in the case of a patent issued before that date, a petition for cancellation under section 321 of title 35, United States Code, may be filed only if a circumstance described in paragraph (2), (3), or (4) of section 322 of title 35, United States Code, applies to the petition. I hope that this helps. In looking at the House version, the Effective Date is stated as:

Except as otherwise provided in this Act, the provisions of this Act shall take effect 12 months after the date of the enactment of this Act and shall apply to any patent issued on or after that effective date.

Therefore, you have to look to the specific provisions. For example, the changes to Sec. 273, Special defenses to and exemptions from infringement, apply to any civil action commenced on or after the date of enactment of the Act.

Under Section 6, Post-Grant Procedures for Reexamination: Notwithstanding any other provision of law, sections 311 through 318 of title 35, United States Code, as amended by this Act, shall apply to any patent that issues before, on, or after the date of enactment of this Act from an original application filed on any date.

For Post-Grant Opposition Procedures: The Director … shall, not later than the date that is 1 year after the date of the enactment of this Act, issue regulations to carry out chapter 32 of title 35, United States Code, as added by subsection (e) of this section. The amendments made by subsection (e) shall take effect on the date that is 1 year after the date of the enactment of this Act and shall apply to patents issued before, on, or after that date, except that, in the case of a patent issued before that date, a petition for cancellation under section 321 of title 35, United States Code, may be filed only if a circumstance described in paragraph (2), (3), or (4) of section 322 of title 35, United States Code, applies to the petition.

I hope that this helps.

]]> By: Fred White http://www.patentbaristas.com/archives/2007/09/10/house-passes-amended-version-of-patent-reform-act-of-2007/comment-page-1/#comment-22586 Fred White Wed, 12 Sep 2007 13:53:13 +0000 http://www.patentbaristas.com/archives/2007/09/10/house-passes-amended-version-of-patent-reform-act-of-2007/#comment-22586 One of our blog readers wants to know if the Senate concurs with the House's proposal H.R. 1908, and the President signs it, would patents already filed be affected? Could one of you attorneys please provide an answer to his question? Thank you. One of our blog readers wants to know if the Senate concurs with the House’s proposal H.R. 1908, and the President signs it, would patents already filed be affected? Could one of you attorneys please provide an answer to his question?
Thank you.

]]> By: Anthony Kuhn http://www.patentbaristas.com/archives/2007/09/10/house-passes-amended-version-of-patent-reform-act-of-2007/comment-page-1/#comment-22399 Anthony Kuhn Mon, 10 Sep 2007 20:02:29 +0000 http://www.patentbaristas.com/archives/2007/09/10/house-passes-amended-version-of-patent-reform-act-of-2007/#comment-22399 Good, solid coverage on an issue that is near and dear to my target audience at the Innovators Network. Patent law might not need reforming, but something definitely needs to be done to eliminate the terrible backlog and reduce the number and cost of frivolous lawsuit based on trolling and patent hoarding. Is that innovation? I don't think so! I cross-posted on your piece to http://blog.innovators-network.org The Innovators Network is a non-profit dedicated to bringing technology to startups, small businesses, non-profits, venture capitalists and intellectual property experts. Please visit us and help grown our community! Best wishes for continued success, Anthony Kuhn Innovators Network Good, solid coverage on an issue that is near and dear to my target audience at the Innovators Network. Patent law might not need reforming, but something definitely needs to be done to eliminate the terrible backlog and reduce the number and cost of frivolous lawsuit based on trolling and patent hoarding. Is that innovation? I don’t think so! I cross-posted on your piece to http://blog.innovators-network.org The Innovators Network is a non-profit dedicated to bringing technology to startups, small businesses, non-profits, venture capitalists and intellectual property experts. Please visit us and help grown our community!

Best wishes for continued success,

Anthony Kuhn
Innovators Network

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