S.515 Refined as to New Post Grant Options For those of you lying awake at night wondering what minor word changes have been made in the new patent reform legislation, you may now rest easy. Attached is a mark-up of sections 6 and 7 of S.23 relative ot S.515 (post grant aspects). Additions are shown in yellow, deletions in red. (markup here)Changes seem to be largely focused on refining the appeal statutes for the new Patent Trial & Appeal Board. Mostly, removing language relating to third party “reexamination” appeals. As only ex parte reexamination will exist should the bill pass, there is no need for third party reexamination appeal provisions. Lastly, 35 U.S.C. § 306 is amended to be consistent with the proposed changes to 35 U.S.C. §134. This last change would foreclose law suits such as recently brought by the California Board of Regents.Thanks to Jonathan Parthum for his efforts in creating the mark-up.  

For those of you lying awake at night wondering what minor word changes have been made in the new patent reform legislation, you may now rest easy. Attached is a mark-up of sections 6 and 7 of S.23 relative ot S.515 (post grant aspects). Additions are shown in yellow, deletions in red. (markup here)

Changes seem to be largely focused on refining the appeal statutes for the new Patent Trial & Appeal Board. Mostly, removing language relating to third party “reexamination” appeals. As only ex parte reexamination will exist should the bill pass, there is no need for third party reexamination appeal provisions. Lastly, 35 U.S.C. § 306 is amended to be consistent with the proposed changes to 35 U.S.C. §134. This last change would foreclose law suits such as recently brought by the California Board of Regents.

Thanks to Jonathan Parthum for his efforts in creating the mark-up.