Originally published: September 8, 2011
Last updated: September 8, 2011 - 9:13pm
The Senate gave final approval to the first major overhaul of the nation’s patent law in more than a half century , sending the America Invents Act to President Barack Obama for his signature.
The legislation won overwhelming approval in an 89-9 vote. The America Invents Act switches the US patent system from a first-to-invent to a first-to-file nation. It also sets up a new regime to review patents and gives the US Patent and Trademark Office more flexibility to set and spend fees paid for by inventors to get patents and businesses to register trademarks. The bill also makes dozens of technical changes to the law that may or may not benefit particular interests including sections that make it more difficult to patent a “business method.” In addition, the measure expands the ability to introduce prior art in patent exams and bans patents on tax strategies. Supporters of the act contend that reforming the patent system will unlock innovation and produce jobs in an economy that is increasingly driven by intellectual property. “This bill is an opportunity to show the American people that Democrats and Republicans can come together to enact meaningful legislation for the American people,” said Sen. Patrick Leahy (D-VT). “The time to do that is now.”
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