H.R.1908 - Patent Reform Act of 2007

To amend title 35, United States Code, to provide for patent reform. view all titles (4)

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All Bill Titles

  • Short: Patent Reform Act of 2007 as reported to house.
  • Short: Patent Reform Act of 2007 as passed house.
  • Official: To amend title 35, United States Code, to provide for patent reform. as introduced.
  • Short: Patent Reform Act of 2007 as introduced.

Bill's Views

  • Today: 7
  • Past Seven Days: 32
  • All-Time: 9,176
 
Introduced
 
House
Passed
 
Senate
Passes
 
President
Signs
 

 
04/17/07
 
09/07/07
 
 
 
 
 

Official Bill Text Comment on about 88 Pages
 

Latest Vote

Result: Passed - September 07, 2007

Roll call number 863 in the House

Question: On Passage: H R 1908 Patent Reform Act of 2007

Required percentage of 'Aye' votes: 1/2 (50%)
Percentage of 'aye' votes: 50%
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Democrats Voting 'Aye'

Rep. Gary Ackerman [D, NY-5]
Thomas Allen
Rep. Robert Andrews [D, NJ-1]
Michael Arcuri
Brian Baird
Rep. Tammy Baldwin [D, WI-2]
Rep. John Barrow [D, GA-12]
Melissa Bean
Rep. Xavier Becerra [D, CA-31]
Rep. Shelley Berkley [D, NV-1]
Rep. Howard Berman [D, CA-28]
Rep. Timothy Bishop [D, NY-1]
Rep. Sanford Bishop [D, GA-2]
Rep. Earl Blumenauer [D, OR-3]
Rep. Dan Boren [D, OK-2]
Rep. Leonard Boswell [D, IA-3]
Frederick Boucher
Nancy Boyda
Rep. Robert Brady [D, PA-1]
Rep. Bruce Braley [D, IA-1]
Rep. Corrine Brown [D, FL-3]
Rep. George Butterfield [D, NC-1]
Rep. Lois Capps [D, CA-23]
Rep. Dennis Cardoza [D, CA-18]
Julia Carson
Rep. Kathy Castor [D, FL-11]
Rep. Ben Chandler [D, KY-6]
Rep. William Clay [D, MO-1]
Rep. Emanuel Cleaver [D, MO-5]
Rep. James Clyburn [D, SC-6]
Rep. Steve Cohen [D, TN-9]
Rep. John Conyers [D, MI-14]
Rep. Jim Cooper [D, TN-5]
Rep. Jim Costa [D, CA-20]
Rep. Joseph Crowley [D, NY-7]
Rep. Henry Cuellar [D, TX-28]
Rep. Elijah Cummings [D, MD-7]
Artur Davis
Rep. Danny Davis [D, IL-7]
Lincoln Davis
Rep. Diana DeGette [D, CO-1]
William Delahunt
Rep. Norman Dicks [D, WA-6]
Rep. John Dingell [D, MI-15]
Rep. Lloyd Doggett [D, TX-25]
Rep. Michael Doyle [D, PA-14]
Thomas Edwards
Rep. Keith Ellison [D, MN-5]
Rahm Emanuel
Rep. Eliot Engel [D, NY-17]
Rep. Anna Eshoo [D, CA-14]
Rep. Sam Farr [D, CA-17]
Rep. Chaka Fattah [D, PA-2]
Rep. Bob Filner [D, CA-51]
Rep. Barney Frank [D, MA-4]
Rep. Gabrielle Giffords [D, AZ-8]
Sen. Kirsten Gillibrand [D, NY]
Rep. Charles Gonzalez [D, TX-20]
Barton Gordon
Rep. Al Green [D, TX-9]
Rep. Raymond Green [D, TX-29]
Rep. Luis Gutiérrez [D, IL-4]
John Hall
Rep. Jane Harman [D, CA-36]
Rep. Alcee Hastings [D, FL-23]
Rep. Rubén Hinojosa [D, TX-15]
Rep. Michael Honda [D, CA-15]
Rep. Steny Hoyer [D, MD-5]
Rep. Jay Inslee [D, WA-1]
Rep. Steve Israel [D, NY-2]
Rep. Jesse Jackson [D, IL-2]
Rep. Sheila Jackson-Lee [D, TX-18]
William Jefferson
Rep. Henry Johnson [D, GA-4]
Steve Kagen
Patrick Kennedy
Carolyn Kilpatrick
Rep. Ronald Kind [D, WI-3]
Ron Klein
Rep. James Langevin [D, RI-2]
Tom Lantos
Rep. Rick Larsen [D, WA-2]
Rep. John Larson [D, CT-1]
Rep. Barbara Lee [D, CA-9]
Rep. Sander Levin [D, MI-12]
Rep. John Lewis [D, GA-5]
Rep. Zoe Lofgren [D, CA-16]
Rep. Nita Lowey [D, NY-18]
Rep. Stephen Lynch [D, MA-9]
Tim Mahoney
Rep. Carolyn Maloney [D, NY-14]
Rep. Edward Markey [D, MA-7]
James Marshall
Rep. Jim Matheson [D, UT-2]
Rep. Doris Matsui [D, CA-5]
Rep. Carolyn McCarthy [D, NY-4]
Rep. James McGovern [D, MA-3]
Rep. Jerry McNerney [D, CA-11]
Kendrick Meek
Rep. Gregory Meeks [D, NY-6]
Rep. George Miller [D, CA-7]
Rep. Bradley Miller [D, NC-13]
Harry Mitchell
Dennis Moore
Rep. James Moran [D, VA-8]
Rep. Christopher Murphy [D, CT-5]
John Murtha
Rep. Jerrold Nadler [D, NY-8]
Rep. Grace Napolitano [D, CA-38]
Rep. Richard Neal [D, MA-2]
David Obey
Solomon Ortiz
Rep. Ed Perlmutter [D, CO-7]
Earl Pomeroy
Rep. Silvestre Reyes [D, TX-16]
Rep. Laura Richardson [D, CA-37]
Ciro Rodriguez
Rep. Mike Ross [D, AR-4]
Rep. Lucille Roybal-Allard [D, CA-34]
Rep. Dutch Ruppersberger [D, MD-2]
Rep. Bobby Rush [D, IL-1]
Rep. Linda Sánchez [D, CA-39]
Rep. John Sarbanes [D, MD-3]
Rep. Janice Schakowsky [D, IL-9]
Rep. Adam Schiff [D, CA-29]
Rep. David Scott [D, GA-13]
Rep. Robert Scott [D, VA-3]
Rep. José Serrano [D, NY-16]
Joe Sestak
Rep. Brad Sherman [D, CA-27]
Ike Skelton
Rep. Louise Slaughter [D, NY-28]
Rep. Adam Smith [D, WA-9]
Victor Snyder
Hilda Solis
Zachary Space
John Spratt
Rep. Fortney Stark [D, CA-13]
Bart Stupak
Rep. Betty Sutton [D, OH-13]
John Tanner
Ellen Tauscher
Rep. Michael Thompson [D, CA-1]
Rep. Bennie Thompson [D, MS-2]
Rep. Edolphus Towns [D, NY-10]
Sen. Tom Udall [D, NM]
Sen. Mark Udall [D, CO]
Rep. Christopher Van Hollen [D, MD-8]
Rep. Nydia Velázquez [D, NY-12]
Rep. Timothy Walz [D, MN-1]
Rep. Debbie Wasserman Schultz [D, FL-20]
Rep. Maxine Waters [D, CA-35]
Rep. Melvin Watt [D, NC-12]
Rep. Henry Waxman [D, CA-30]
Rep. Anthony Weiner [D, NY-9]
Rep. Peter Welch [D, VT-0]
Robert Wexler
Rep. David Wu [D, OR-1]
Albert Wynn
Rep. John Yarmuth [D, KY-3]
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Republicans Voting 'Aye'

Rep. Spencer Bachus [R, AL-6]
Rep. Jo Bonner [R, AL-1]
Rep. Mary Bono Mack [R, CA-45]
Rep. Kevin Brady [R, TX-8]
Rep. John Campbell [R, CA-48]
Christopher Cannon
Rep. Eric Cantor [R, VA-7]
Rep. Shelley Capito [R, WV-2]
Rep. Howard Coble [R, NC-6]
Rep. John Culberson [R, TX-7]
Thomas Davis
Rep. Mario Diaz-Balart [R, FL-21]
Lincoln Diaz-Balart
John Doolittle
Thelma Drake
Rep. David Dreier [R, CA-26]
Rep. Randy Forbes [R, VA-4]
Rep. Jeffrey Fortenberry [R, NE-1]
Vito Fossella
Rep. Elton Gallegly [R, CA-24]
Wayne Gilchrest
Rep. Robert Goodlatte [R, VA-6]
Rep. Doc Hastings [R, WA-4]
Sen. Dean Heller [R, NV]
Rep. Jeb Hensarling [R, TX-5]
Rep. Walter Herger [R, CA-2]
Rep. Darrell Issa [R, CA-49]
Ric Keller
Rep. Peter King [R, NY-3]
Rep. Daniel Lungren [R, CA-3]
Rep. Kenny Marchant [R, TX-24]
Rep. Kevin McCarthy [R, CA-22]
Rep. Michael McCaul [R, TX-10]
Rep. Howard McKeon [R, CA-25]
Rep. Cathy McMorris Rodgers [R, WA-5]
Marilyn Musgrave
Rep. Randy Neugebauer [R, TX-19]
Rep. Devin Nunes [R, CA-21]
Rep. Mike Pence [R, IN-6]
John Peterson
Jon Porter
Rep. Tom Price [R, GA-6]
Deborah Pryce
Adam Putnam
George Radanovich
Rep. Harold Rogers [R, KY-5]
Rep. Paul Ryan [R, WI-1]
Bill Sali
Rep. James Sensenbrenner [R, WI-5]
Rep. Peter Sessions [R, TX-32]
Rep. William Shuster [R, PA-9]
Rep. Michael Simpson [R, ID-2]
Rep. Lamar Smith [R, TX-21]
Rep. Christopher Smith [R, NJ-4]
Rep. William Thornberry [R, TX-13]
Todd Tiahrt
Rep. Greg Walden [R, OR-2]
Sen. Roger Wicker [R, MS]
Heather Wilson
Rep. Frank Wolf [R, VA-10]
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Others Voting 'Aye'

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Others Voting 'Abstain'

 

Official Summary

9/7/2007--Passed House amended. Patent Reform Act of 2007 - Amends federal patent law to establish a first-inventor-to file system and to add or revise provisions governing patent review proceedings and patent infringement litigation.(Sec. 3) Adds and expands definitions relating to patent
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Official Summary

9/7/2007--Passed House amended. Patent Reform Act of 2007 - Amends federal patent law to establish a first-inventor-to file system and to add or revise provisions governing patent review proceedings and patent infringement litigation.


(Sec. 3)

Adds and expands definitions relating to patents. Defines "inventor" as the individual or individuals collectively who invented or discovered the subject matter of the invention and "joint inventor" as any one of the individuals who invented or discovered the subject matter of an invention. Defines "effective filing date of a claimed invention" as the filing date of the patent or the application for patent containing the claim to the invention (thus establishing a first-inventor-to-file system).
Revises the definition of "prior art" and conditions for patentability to accommodate a first-inventor-to-file system. Reaffirms, with certain exceptions, the denial of a patent for a claimed invention, if such invention was patented, described in a printed publication, in public use, or on sale more than a one-year grace period before the effective filing date of the claimed invention. Revises provisions for determining claims of patent derivation (i.e., deriving an invention from another inventor and filing a patent application without authorization). Directs the Patent Trial and Appeal Board (formerly the Board of Patent Appeals) to:
(1) determine the question of the right to patent;
(2) correct the naming of the inventor in any patent application or patent at issue; and
(3) issue a final decision on the right to patent. Makes a final decision of the Patent Trial and Appeal Board the final refusal of a patent by the U.S. Patent and Trademark Office (USPTO) in a derivation proceeding. Allows parties to a derivation proceeding to terminate a proceeding by filing a written settlement statement or by referring such proceeding to arbitration.
Requires certification to Congress by the President that major patenting authorities (i.e., at least the patenting authorities in Europe and Japan) have adopted similar grace period provisions as contained in U.S. patent law before first-inventor-to file provisions set forth by this Act become effective. Requires the Under Secretary of Commerce for Intellectual Property and the Director of the USPTO to:
(1) conduct a study every seven years of the effectiveness and efficiency of the first inventor-to-file system; and
(2) report to the Judiciary Committees of Congress on such study.


(Sec. 4)

Revises requirements for an inventor's oath or declaration to:
(1) require each individual who is the inventor or joint inventor of a claimed invention to execute an oath or declaration in connection with a patent application stating that he or she is the original inventor or joint inventor; and
(2) allow a substitute statement if the original inventor is dead, legally incapacitated, or cannot be found, or is required to assign the invention and has refused to make an oath or declaration. Sets forth requirements for making substitute statements and supplemental and corrected statements.


(Sec. 5)

Expands criteria for determining damages for patent infringement. Sets forth guidelines for courts in determining an award based upon a reasonable royalty relating to the economic and market value of patents attributable to their contribution over prior art. Allows increased damages for willful patent infringement.
Requires the Under Secretary of Commerce for Intellectual Property and the Director of USPTO to:
(1) report by June 30, 2009, to the Judiciary Committees of Congress on the operation of prior user rights in selected industrialized countries: and
(2) conduct a study every seven years and report to the Judiciary Committees on the effectiveness and efficiency of changes made by this Act for calculating inventor damages.


(Sec. 6)

Revises procedures for:
(1) citing prior art to USPTO for purposes of determining the patentability of a claimed invention; and
(2) reexaminations of patents by the Director of USPTO. Reassigns inter partes reexamination proceedings to administrative patent judges (currently, conducted by patent examiners). Allows patent owners or third parties to an inter partes reexamination proceeding to request an oral hearing before a patent judge.
Establishes procedures for post-grant review to cancel as unpatentable any claim of a patent on specified grounds of invalidity. Sets forth requirements for a post-grant review petition and the conduct of post-grant review proceedings, including appeals from a final determination of the Patent Trial and Appeal Board. Repeals provisions of the Intellectual Property and Communications Omnibus Reform Act of 1999 relating to the estoppel effect on subsequent civil actions of requesting an inter partes reexamination.
Requires the Under Secretary of Commerce for Intellectual Property and the Director to issue regulations for post-grant review proceedings within one year of the enactment of this Act.


(Sec. 7)

Defines "cancellation petitioner" as the real party in interest requesting cancellation of any claim of a patent and the privies of the real party in interest. Renames the Board of Patent Appeals as the Patent Trial and Appeal Board. Revises provisions relating to the Board's membership, duties, and authorities.

(Sec. 8)

Directs the Under Secretary of Commerce for Intellectual Property and the Director of USPTO to study and report to the Judiciary Committees on the effectiveness and efficiency of proceedings available for the reexamination of patents.

(Sec. 9)

Imposes time restrictions on the publication of certain pending patent applications.
Allows any third person to submit for consideration and inclusion in the record of a patent application, any patent, published patent application, or other publication of potential relevance to the examination of a patent application. Requires such submission to be made in writing, with a concise description of its relevance, before the earlier of:
(1) the mailing of a notice of allowance in the application for a patent; or
(2) the date that is six months after publication of the application or that date of the first rejection of any claim in the application, whichever is later.


(Sec. 10)

Renders any tax planning method unpatentable. Defines "tax planning method" as a plan, strategy, technique, or scheme that reduces, minimizes, or defers individual tax liability.


(Sec. 11)

Amends the federal judicial code to prohibit patent litigants from manufacturing venue by assignment, incorporation, or otherwise to invoke the venue of a specific federal district court. Restricts venue in patent litigation to a judicial district where:
(1) the defendant has its principal place of business or is incorporated;
(2) the defendant has committed a substantial portion of the acts of infringement and has a regular and established physical facility;
(3) the primary plaintiff resides, if the primary plaintiff is an institution of higher education or a nonprofit organization;
(4) the primary plaintiff has a place of business engaged in substantial research and development, manufacturing, or the management of such activities;
(5) the plaintiff resides, if the plaintiff is named as inventor or co-inventor and there has been no transfer of rights in the patent; or
(6) any defendants have substantial evidence and witnesses. Allows venue in any district for cases involving foreign defendants with no U.S. subsidiary.
Allows an appeal to the Court of Appeals for the Federal Circuit from an interlocutory order or decree determining construction of claims in a patent infringement case. Provides for the transfer of any case commenced in a U.S. district court on or after September 7, 2007, in which venue is improper, unless substantive rulings have been made in such case or the court finds that transfer would not serve the interests of justice.

(Sec. 12)

Requires the Director of USPTO to require patent applicants (except for micro-entities as defined by this Act) to submit a search report and other information and analysis relevant to patentability.
Establishes inequitable conduct (i.e., intentionally misleading or deceiving the USPTO or failing to disclose material information) as a defense to a patent infringement claim . Requires a showing of inequitable conduct by clear and convincing evidence. Provides for sanctions against attorneys involved in inequitable conduct.


(Sec. 13)

Eliminates as a defense to a patent infringement claim the failure of an inventor to comply with the best mode of carrying out an invention.


(Sec. 14)

Grants specific regulatory authority to USPTO over the quality and timeliness of patent applications and their examination. Requires regulations promulgated by USPTO to be reviewed and approved by Congress.


(Sec. 16)

Requires the Director of the Administrative Office of the U.S. Courts, in consultation with the Federal Judicial Center, to study and report to the Judiciary Committees on the use of special masters in patent litigation.


(Sec. 17)

Directs the Comptroller General, within two years after the enactment of this Act, to conduct a study of workplace conditions for the examiner corps of USPTO and to submit the results of such study, with any other recommendations relating to patent reexamination proceedings, to the Judiciary Committees.


(Sec. 18)

Reaffirms congressional intent to promote joint research activities as previously expressed, including in the legislative history, by the enactment of the Cooperative Research and Technology Enhancement Act (CREATE Act). Directs USPTO to administer the joint research provisions of this Act in a manner consistent with the legislative history of the CREATE Act.

(Sec. 19)

Directs the Under Secretary of Commerce for Intellectual Property and the Director of USPTO to study and report to Congress on patent damage awards based on a reasonable royalty standard.


(Sec. 20)

Provides for severability of provisions of this Act held to be invalid or unenforceable.

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Recent News Coverage

View All (49)  |  View Top Rated

01/17/08
Patent reform debate heads to US Senate

The House voted 220 to 175 with 37 abstaining or not voting on HR 1908. Voting on the House bill generally tracked party lines with 73 percent of Democrats ...

Source: EETimes.com
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11/03/07
Weakened patent protection ultimately will cost lives

While there is room for improvement in our nation's patent system, the Patent Reform Act of 2007 (HR 1908/S. 1145) would do much more harm than good. ...

Source: phillyBurbs.com, PA
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11/01/07
Court Blocks New Patent Rule

The House has passed its version of the legislation, HR 1908. GSK also argued that the limit on the number of claims is unjust because companies are ...

Source: FDA news (subscription), VA
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Information made available by Daily Life
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Recent Blog Coverage

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05/12/11
H.R.1908: To specify the priority of the ... - OpenCongress

A bill in the U.S. Congress: To specify the priority of the obligations of the United States Government if the debt ceiling is reached, to provide for an emergency appropriation of funds to pay for certain defense and . ... -

Source: opencongress.org
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03/31/09
WATER Act of 2009 - OpenCongress

In the Senate, Leahy and Hatch introduced S. 1145, while in the House Representatives Howard Berman (D-California) and Lamar Smith (R-Texas) introduced H.R. 1908. On May 16th, a House subcommittee approved the bill for ... -

Source: opencongress.org
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12/26/08
Cygnus Provides Reminder Everything is Still Patently Unclear ...

Their stated mission is to “improve the quality of the patents being issued” and “re-balancing and strengthening the patent system”. Many of their goals were made into what’s known as the Patent Reform Act of 2007 (H.R. 1908, S. 11

Source: ReveNews
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