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					                            Patent Reform 2011
                                  Status Report
        Austin Intellectual Property Law Assoc.
                                August 16, 2011

Brian W. Oaks
brian.oaks@bakerbotts.com
Recap
  S. 23 approved by the Senate and H.R. 1249
   approved by House
  Key Provisions
       First to file (and associated prior art changes)
       Prior user rights/defense (all patents)
       Post Grant and Inter Partes Review
       End of PTO fee diversion (sort of)
       False marking reform
Current Status of Legislation
  Ball is in Senate's court, but delayed due to debt
   fight

  Senate cloture vote on Sept. 6; vote expected later
   that week

  House bill expected to be brought and passed
   without amendment in Senate

  It's now a "jobs bill" and both sides want to show
   progress
Timeline for Implementation
  Immediate Changes
    Change in reexam standard of review (reasonable
     likelihood requester will prevail)
    False marking reform (must have competitive injury;
     marking expired patent is OK)
    Virtual marking allowed (via web site marked on product)
    Elimination of best mode as basis for invalidity
    Prohibition on patenting of human organisms
    Prioritized examination (Track 1)
    15% increase in almost all fees and addition of micro
     entity status (75% reduction in fees)
Timeline for Implementation
  Delayed Changes
      First to file (18 months)
      Third party pre-issuance submissions (1 year)
      Supplemental examination (1 year)
      Post Grant Review (1 year)
      Inter Partes Review (1 year)
      Special review for business method patents (1 year)
PTO Request for Comments

  USPTO is asking for comments related to rule-
   making required by expected new law

  See: USTPO site > Patents > Initiatives and Events
   > Leahy-Smith America Invents Action Implementation

				
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