Tomorrow, February 3, the Senate Judiciary Committee is set to consider bill S. 23, the Patent Reform Act of 2011. The bill was recently (re)introduced by committee chairman Patrick Leahy (D-Vermont), along with Orrin Hatch (R-Utah), Chuck Grassley (R-Iowa), Amy Klobuchar (D-Minn.), Jeff Sessions (R-Ala.), Jon Kyl (R-Ariz.), and Joe Lieberman (I-Conn.). It addresses a host of issues important to patent owners, practitioners, and potential accused infringers. Among other things, the bill would recognize the "first to file" a patent application as the inventor, abandoning current U.S. law that considers the "first to invent.". This would harmonize U.S. practice with other nations. The bill would also implement a new post-grant review process before the PTO's Board of Patent Appeals and Interferences. It would expand the scope of what can be considered prior art by limiting the one-year grace period now afforded under 35 U.S.C. 102(b). It would also clarify standards for awarding enhanced damages for willful infringement. A number of other significant changes are also included. Significant amendments to the bill are likely. And passage of patent reform this year is by no means certain. Congress has considered these same kinds of reforms in the past without effect. Indeed, this bill is almost identical to the Patent Reform Act of 2010, which was not taken up by the Senate in the last session. The hearing tomorrow begins at 10 a.m. EST and will be available by Webcast.
