Even though the 2009 version of the US patent reform bill has passed Senate and House review committees, it has been held up for months. The divide between opposing parties has not yet closed, but it may be narrowing. Many pharmaceutical and biotechnology companies are now “on board” because Senator Arlen Specter has added a “gatekeeper” section to the reform bill, which would provide more power to Federal judges to calculate patent infringement damages by considering the components of the patents disputed.
Not everyone is sold on the changes though, and there are many who strongly oppose the proposed changes. Many small inventors are against the proposed changes.
For example, the American Innovators for Patent Reform, which is open to inventors, scientists, engineers, researchers, small companies, investors, patent owners and intellectual property service provides, has come out against many of congress’ proposed changes, for example, the first-to-file system.
As we are now deeply into the congressional sessions of 2009, one should wonder if the Patent Reform Act of 2009 will go the way of the Patent Reform Act of 2007 (the last proposed act), namely, nowhere. We will keep you informed on any changes or updates that may occur.