Klobuchar: America Invents Act Will Promote Innovation, Modernize Patent System

Press Release

U.S. Senator Amy Klobuchar announced today that the U.S. Senate passed the America Invents Act. Klobuchar is an original cosponsor of the bipartisan bill, which would overhaul the nation's patent system by improving operations at the U.S. Patent and Trademark Office (PTO), enhancing quality of patents that are issued, and offering productive alternatives to costly and complex litigation. U.S. patent laws have not been overhauled since 1952, which has led to a backlog of over 700,000 patent applications and low-quality patents -- potentially delaying groundbreaking innovations from coming to the market. The bill passed the U.S. Senate by an overwhelming vote of 95-5.

"Innovation has always been a catalyzing force in Minnesota and across the country," Klobuchar said. "But our outdated patent system is stifling innovation. This legislation will provide entrepreneurs and businesses the tools they need to continue to focus on innovation. It's time to modernize our patent system, cut red tape, and make it easier for our businesses to compete in the global economy."

The America Invents Act would change the patent system from a first-to-invent to a first-inventor-to-file system. This system would increase the speed of the patent application process by allowing the filing date of an application to determine the inventor. Additionally, it will reduce legal costs, improve fairness, and support U.S. innovators seeking to market their products and services in a global marketplace. The America Invents Act does not use any taxpayer money, since the U.S. Patent Office is funded by fees from private businesses.

The legislation will also enhance productivity at the PTO by granting the office authority to set and adjust its own fees, which would give the PTO resources to reduce the current backlog and devote greater resources to each patent that is reviewed to ensure higher quality.

The bill creates a "first window" post-grant review process, which will help eliminate weak patents that should not have issued, rather than forcing businesses to challenge the validity of patents through costly litigation.

Klobuchar serves on the U.S. Senate Judiciary Committee, which is responsible for overseeing U.S. patent laws, and she helped Senate Judiciary Chairman Patrick Leahy (D-VT) manage the bill on the floor of the U.S. Senate for several days during the past week.

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