Patent Reform, The Next “Big Thing”Since being voted out of committee earlier this month, the Patent Reform Act of 2011 (S.23) has been awaiting floor debate. S.23 was first positioned behind the FAA bill in the legislative queue, and now seems secondary to the budget crisis. Although scheduled for debate on February 28th, it seems that S.23 will very likely have to wait out the last minute budget maneuvering. The budget debate may very well last right up until the March 4 deadline, if not beyond. Thus, it seems that the Senate will not debate the patent reform issue until the week of March 7th. (Beware the Ides of March, patent reform haters)On the upcoming debate, chief proponent, Senator Patrick Leahy stated: “I am pleased that the Senate will consider the Patent Reform Act after the recess. It is a critical part of our jobs agenda. Hundreds of thousands of patent applications are stalled at the Patent and Trademark Office. Among those is the application for the next great invention,”Leahy said. “Addressing the needs of the Patent and Trademark Office will unleash innovation and promote American invention, without adding a penny to the deficit.”Well, if inter partes patent reexamination heads to the Board as proposed (inter partes review), and post grant review also comes to pass, there will at the very least be job creation at the BPAI.Amendments to S.23 are expected. Meanwhile, the House has been hinting at a companion bill.Still a ways to go, but there is more momentum now than ever

Since being voted out of committee earlier this month, the Patent Reform Act of 2011 (S.23) has been awaiting floor debate. S.23 was first positioned behind the FAA bill in the legislative queue, and now seems secondary to the budget crisis. Although scheduled for debate on February 28th, it seems that S.23 will very likely have to wait out the last minute budget maneuvering. The budget debate may very well last right up until the March 4 deadline, if not beyond. Thus, it seems that the Senate will not debate the patent reform issue until the week of March 7th. (Beware the Ides of March, patent reform haters)

On the upcoming debate, chief proponent, Senator Patrick Leahy stated: 

“I am pleased that the Senate will consider the Patent Reform Act after the recess. It is a critical part of our jobs agenda. Hundreds of thousands of patent applications are stalled at the Patent and Trademark Office. Among those is the application for the next great invention,”Leahy said. “Addressing the needs of the Patent and Trademark Office will unleash innovation and promote American invention, without adding a penny to the deficit.”

Well, if inter partes patent reexamination heads to the Board as proposed (inter partes review), and post grant review also comes to pass, there will at the very least be job creation at the BPAI.

Amendments to S.23 are expected. Meanwhile, the House has been hinting at a companion bill.

Still a ways to go, but there is more momentum now than ever…