The Patent Reform Act of 2009 was just introduced and is currently being considered by the Senate and House Judiciary Committees. The Patent Reform Act of 2009 is almost identical to the Patent Reform Act of 2007 that was passed by the House of Representatives but failed to win approval in the Senate.

In the Patent Reform Act of 2009, the term “reform” is really a euphemism for “weaken.” The Patent Reform Act of 2009 will not really reform anything, but will, in fact, seriously weaken patents and make it easier for unscrupulous businesses to steal patents from their rightful owners by beating them to the Patent Office.

From First-to-Invent to First-to-File: This change would issue patents not to the person who really created the invention and first put it into use (“first to invent”), but would issue patents to those who beat everyone else to the Patent Office (“first to file”). It would lead to inventions being stolen from the true inventors simply because they failed to get to the Patent Office first!

Other Changes: The Patent Reform act would also establish joint inventors and co-inventors, revise the procedures for patent interference disputes, revise requirements for an inventor’s oath, and allow third parties to file patent applications.

Supporters and Opponents: The patent “reform” currently before Congress is supported primarily by the large software companies, while both the major labor unions and business groups, as well as the pharmaceutical industry, are opposed to the legislation.

Where AIPR Stands: We are absolutely opposed to this proposed law, especially changing from the current “first-to-invent” standard to the proposed “first-to-file” concept that would result in inventions being stolen from their rightful owners!

Patent Reform Act of 2007 – House Bill

Patent Reform Act of 2007 – Senate Bill

Patent Reform Act of 2009 – House Bill

Patent Reform Act of 2009 – Senate Bill

Watch the Senate Judiciary Committee Executive Meeting to finalize their mark-up of S. 515, the Patent Reform Act of 2009.
(You will need RealPlayer to view this video)

Patent Legislation We Support

American Innovators for Patent Reform (AIPR) supports legislation that will provide training to Federal District Court judges. House Bill H.R. 628 will “establish a pilot program in certain United States district courts to encourage enhancement of expertise in patent cases among district judges.” This bill just passed in the House, and an identical bill, S. 299, has not yet been voted on in the Senate. AIPR urges the Senate to pass the bill, and urges President Obama to sign it into law.

House Bill H.R. 628

Senate Bill S. 299

Please visit our What You Can Do page for ways to take action against patent reform that may do much more harm than good to our nation's patent system.