Obama Signs Patent Overhaul Legislation - maserneash1938

Obama Signs Patent Overhaul Legislation

U.S. President Barack Obama has signed the America Invents Act, the first John R. Major overhaul of the U.S. patent organisation in around 50 years.

The U.S. Invents Act, passed 89-9 away the Senate last week, would permit new challenges to patents granted by the U.S. Patent and Stylemark Office (USPTO). It allows third parties to file a challenge to a obvious inside nine months of it being awarded.

The new law modernizes the U.S. obvious system, aforementioned Mark Elliot, executive vice president at the U.S. Chamber of Commerce's Global Scholarly Prop Center.

"The legislation will help ensure that the USPTO is adequately staffed, efficiently operated, fully funded to reduce reserve, and action unobstructed and trademark applications in a high-quality and expeditious mode," he aforesaid in a assertion. Reducing the backlog of patents at the USPTO "is essential to encouraging conception and bolstering the U.S. economy."

The new law also creates a modern challenge for finance-related business-method patents by companies that have been sued or accused of infringing them. The new mechanics for challenging business-method patents will apply retroactively to those patents, and the law of nature opens an 8-year window for the USPTO to review business-method patents.

"Reforming the U.S. apparent system of rules will enable businesses of all sizes to prevail clearer and more reliable good dimension rights in a more expedient fashion, soh they can pull in investments, uprise their products, and hire employees sooner," U.S. government CTO Aneesh Chopra wrote happening the White House blog. "By transitioning to a simpler, more objective, and more artificer-friendly system of issuing patents, the unweathered playact helps assure that independent inventors and small entities have greater clarity and sure thing over their material possession rights and will be capable to navigate the patent system on a more just footing with large enterprises."

The America Invents Act allows the USPTO to set fees for patents, and it wish allow the agency to keep all of its patent fees, instead of having some money to back to the U.S. treasury. Carnal knowledge has entertained about US$900 million from the Patent and Trademark Office Database over the past deuce decades.

Those viands will generate money the USPTO needs to address a log of about 1 trillion patent applications, same supporters, including sponsors Senator Patrick Leahy, a Vermont Democrat, and Representative Lamar Smith, a Texas Republican.

Technical school Companies Demanded Reform

Several large technical school companies, including Intel, Apple and Microsoft, have called for patent reform in Holocene years, and lawmakers have been trying to pass a bill for nearly six years. In the beginning this year, the Senate minimal out limits on patent causa damages that just about large tech companies had supported.

The law streamlines the patent review serve at the USPTO and it would change U.S. patent rules by giving a unmistakable to the first someone to file for it, not the first person to make a new excogitation. Changing to a first-to-filing system puts the U.S. in step with just about other countries.

Some opponents of the bill have same it favors great unmistakable holders over small inventors. The first-to-file preparation will make up a race to the USPTO and disadvantage small inventors who may not have the money to immediately file a patent application, said opponents, including Senator Maria Cantwell, a Washington Democrat.

Subsidization Gross covers engineering and telecommunication insurance policy in the U.S. political science for The IDG News show Service. Follow Grant on Twitter at GrantGross. Ulysses Grant's email address is grant_gross@idg.com.

Source: https://www.pcworld.com/article/476656/obama_signs_patent_overhaul_legislation.html

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