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  • The opinions, commentary and characterizations provided to this online forum by the authors and moderators are provided for encouraging discussion, thought and debate on important post grant issues. These postings are in no way representative of the opinions of Oblon Spivak et al., or its clients.

Patent Reform for Business Methods Proposed

Posted On: Jan. 27, 2011   By: Scott A. McKeown
whyPatent Reform Amendments Begin to Circulate

Senator Leahy’s “Patent Reform Act of 2011″ was only just introduced to the Senate yesterday, and today, the first amendment proposal has been circulated. As I mentioned in my post of a few weeks back, one of the more curious proposals rumored to be in the works was a pilot program to review the patentability of business method patents; yesterday, that rumor has now coalesced into an actual amendment proposal.

Legislative based news outlets report that Sen. Charles Schumer, D-N.Y., is circulating an amendment  to ”authorize a pilot program for review of business method patents.” Of course, the Leahy bill already proposes Post Grant and Inter Partes Review proceedings that would embrace all patents. Thus, this amendment proposal seems more political statement than constructive addition.

One Response to “Patent Reform for Business Methods Proposed”

  1. I think Leahy’s proposed legislation already has way too many contentious issues to pass. If Leahy really wants to enact patent reform, I suspect that he may have to be somewhat less ambitious and more incrementalist in his approach. Schumer likely realizes the bill is a sinking ship, and at this point is seeking to use it to mere political advantage.