House Approves Patent Reform, Two Issa Amendments

House Approves Patent Reform, Two Issa Amendments

Washington, DC - The House of Representatives today approved H.R. 1908, the Patent Reform Act of 2007, along with two amendments offered by Rep. Darrell Issa. H.R. 1908 represents the most sweeping reform of U.S. patent laws in half a century and has been closely followed by all sectors of the patent community.

"As the holder of 37 United States patents, I came to Congress with the desire to tackle elements I found awry in our patent laws," said Rep. Darrell Issa in a statement for the Congressional Record. "While in the private sector, I litigated several patent cases before our district courts and the United States Court of Appeals for the Federal Circuit. Through these experiences, I learned a great deal about patent law, both what was right with the law and areas that could use improvement."

One Issa amendment will permit patent applicants to delay publication until the later of (1) three months after a second Patent and Trademark Office (PTO) action or (2) 18 months after the filing date. Rep. Issa offered this amendment due to concerns that publishing a patent application too early will expose an inventor to widespread infringement at home and abroad. This amendment allows inventors to keep their application from publishing for longer than the underlying legislation.

The second Issa amendment requires that Congress be provided 60 days to review (PTO) regulations before they take effect. Congress may bar implementation of the regulation by enactment of a joint resolution of disapproval. Allowing the USPTO greater rulemaking authority could jeopardize innovation within the United States because a new rule could have widespread harmful effects on patent holders, applicants, etc., depending on the type of rule. This amendment provides a manner for Congress to intervene when it disagrees with a rule, but does so while following Supreme Court precedent regarding legislative vetoes.

Both amendments were agreed to by voice vote.

"There are strong arguments in favor of reform, as well as strong arguments in favor of caution as we move forward," said Issa in debate over patent reform legislation. "Our patent laws have not had an overhaul in many decades, while technology has advanced exponentially. Not all of our patent laws fit today with the advancements we have seen in electronics, biotechnology, and many other areas. Importantly, many commentators and practitioners are concerned with the preponderance of over-zealous litigation and what some deem exaggerated damages awards."

H.R. 1908 was passed by a vote of 220 to 175.

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