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    Repiglican Roast

    A spirited discussion of public policy and current issues

    Name:
    Location: The mouth of being

    I'm furious about my squandered nation.

    Monday, September 10, 2007

    House passes sweeping revision of U.S. patent laws

    [...]

    The White House said it would oppose the bill unless it was revised to change limits on the discretion of a court to determine damages adequate for an infringement. The administration said it supported other aspects of the bill, including steps to bring the U.S. system in line with patent systems in Europe and Japan.

    The United States, which carried out its last major patent overhaul in 1952, is the only major industrialized country with a first-to-invent system that awards patents to the first inventor.

    The measure would change the rules at the U.S. Patent and Trademark Office so patents would go to the first person to file an application, not necessarily the first inventor. That would limit multiyear debates over who was the first to invent new technology. It also would allow third parties to introduce evidence against applications, and create a system, called post-grant opposition, for challenging newly issued patents.

    It would also limit where patent suits could be filed to keep lawyers from shopping for court districts deemed friendly to patent owners. The legislation also would create a new way to calculate damages and allow immediate appeals of court rulings on the interpretation of patent terms while the case is proceeding.

    [...]

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