Bill Language “Little Improved”

Patent reform is back in the news and those who are watching developments say there have been few. The bill now before the U.S. Senate is still riddled with problems and, if passed, they say will weaken capital investment, innovation and U.S. competiveness.

Former Apple, National Semi and Medtronic chief IP counsel, and former USPTO examiner, Irv Rappaport weighs in on the latest developments.

Dear Colleagues,

Patent Reform for the Gang of 15 (and the rest of America’s companies be damned) has reared its ugly head again yesterday, March 4, 2010. It is more important than ever that you let your Congressman and Senators know your views on this “Patent Deform” legislation as I like to refer to it.

Attached [below linked] are several items discussing the “improved” language being worked in the Senate. Below also is a highlighted summary of the major “improvements,” as they are being called. As you can see, not much has changed other than some minor wording. None of this deals with the problem that if passed, the USPTO will bury patents because they will be more overwhelmed with work than ever with the post-grant opposition proceedings. The ever-present apportionment of damages favorite issue of the patent infringement community persists.