S.23 Exits Senate with Major Provisions IntactAs expected, S.23, now known as the America Invents Act breezed through a Senate vote today. (95-5) Touted as a jobs bill, most major provisions remain intact. Perhaps the most significant change proposed in the reform bill is the end of the  first to invent system in favor of a first inventor to file system. Additionally, a post grant review process is provided. (full text of bill here)Added in the Senate Manager’s Amendment was a long over due provision ending USPTO fee diversion.  Removed were draft damage and venue provisions deemed to be superseded by recent CAFC decisions.Another notable addition to the Manager’s Amendment is a transitional program for the post grant review of “business method patents.”  The definition offered in the bill is limited to methods or corresponding apparatus that relate to the practice, administration or management of a financial product or service, however, inventions relating to “technological inventions” are excluded. It is up to the USPTO to define “technological invention”…..where have I heard that before?Senator Leahy had this to say about the Senate bill passage:The America Invents Act will promote American innovation, create American jobs and grow America’s economy, all without adding to the deficit.  It is a jobs bill that won’t spend a penny of taxpayer dollars.  It is common sense legislation that will help preserve America’s position as the global leader in invention and innovation.  I hope that the House will look favorably on our work and adopt this measure so that it can be sent it to the President without delay and its improvements can take effect in order to encourage American innovation and promote American invention.It is expected Congress will keep the momentum going until the bill gets signed into l

As expected, S.23, now known as the America Invents Act breezed through a Senate vote today. (95-5) Touted as a jobs bill, most major provisions remain intact. Perhaps the most significant change proposed in the reform bill is the end of the  first to invent system in favor of a first inventor to file system. Additionally, a post grant review process is provided. (full text of bill here)

Added in the Senate Manager’s Amendment was a long over due provision ending USPTO fee diversion.  Removed were draft damage and venue provisions deemed to be superseded by recent CAFC decisions.

Another notable addition to the Manager’s Amendment is a transitional program for the post grant review of “business method patents.”  The definition offered in the bill is limited to methods or corresponding apparatus that relate to the practice, administration or management of a financial product or service, however, inventions relating to “technological inventions” are excluded. It is up to the USPTO to define “technological invention”…..where have I heard that before?

Senator Leahy had this to say about the Senate bill passage:

The America Invents Act will promote American innovation, create American jobs and grow America’s economy, all without adding to the deficit.  It is a jobs bill that won’t spend a penny of taxpayer dollars.  It is common sense legislation that will help preserve America’s position as the global leader in invention and innovation.  I hope that the House will look favorably on our work and adopt this measure so that it can be sent it to the President without delay and its improvements can take effect in order to encourage American innovation and promote American invention.

It is expected Congress will keep the momentum going until the bill gets signed into law.