The Proposed US Patent Reform

The salient features of Patent Reform Bill introduced in US Congress are as below:

1. The Proposed Amendments recognizes priority in terms of filing the application.

2. It redefines “prior art” as subject matter that was “patented, described in a Printed publication, or in public use or on sale” prior to the effective filing date for the patent, unless such disclosure was made by the inventor (or others who obtained the subject matter from the inventor) within one year from the filing date for the application.

3. It establishes post-grant petitions for cancellation (“oppositions”) to cancel issued claims.

4. It mandates courts to ensure that a reasonable royalty damage award “is applied only to the economic value, properly attributable to the patent’s specific contribution over the prior art.”

5. It limits venue for patent infringement actions to a forum where either party resides or where the defendant has committed acts of infringement and has a regular and established place of business.

6. It codifies the grounds for acts that constitute willful infringement.