Thank you for contacting me to share your thoughts on patent reform. I appreciate hearing your views on this issue.

As you know, Congress is considering significant reform of patent law. Patent reform is a complex and controversial issue, particularly as more and more patents are sought and enforced, and as our nation’s economy increasingly becomes a high-technology, knowledge-based economy. These changes in technology and in our economy make patents of increasing importance, and present new challenges and complexities to the patent process. I have heard from constituents both for and against the proposed changes, and though I support reform, I am carefully weighing the specific concerns that have been raised with the pending legislation.

One significant change would be a shift to the “first-inventor-to-file” system. Currently under U.S. law, when two or more inventors seek a patent for an identical or similar product, priority for a patent is given to the individual who invented the product first. The reform legislation pending in the Senate would shift to a “first-inventor-to-file” system, which gives priority to the first inventor to file for a patent, regardless of who invented the product first. The first-inventor-to-file system has long been used by Europe, Japan, and other leading trading partners.

A second aspect of the current patent reform proposal in the Senate relates to the apportionment of damages in patent infringement proceedings. Reform legislation emphasizes the contribution of the patent to the value of the overall product, and apportions damage awards accordingly with the intent of trimming down unnecessarily large awards claims.

A third aspect of the pending legislation is modification of the post-grant review proceedings. Both the House and Senate measures tackle the current system of awarding patents and for awarding damages for patent infringement by expanding the right of third parties to challenge a patent without going to court. Currently, a competitor has two options: expensive and often lengthy litigation, or requesting that the Patent Office conduct a reexamination of the patent. Patent reform allows a one-year window for post-grant opposition review proceedings, which would provide an alternative form for a challenger to bring administrative action challenging the validity of a patent. These administrative proceedings could create a more cost-effective, timely, efficient review of issued patents.

Patent reform legislation passed the House of Representatives on September 7, 2007. As the Senate considers its version of the bill, I will keep your thoughts in mind. A patent system that works will promote high quality patents that spark innovation and economic growth, and I am committed to working with my colleagues to find a solution that does just that.

Again, thank you for contacting me. Please keep in touch.

Sincerely,

Barack Obama
United States Senator

Go PTSC Onwards and Upwards!

Cheers~