Proponents tout the proposed patent reform legislation making its way through Congress as the biggest change in patent law in more than half a century. Others suggest the reform, even if passed, will have a marginal effect. Both perspectives could be correct.
For example, the patent application process is in need of important adjustments, and the proposed reform is focused on this objective. On the other hand, the guideposts of patent litigation are largely shaped by the Federal Circuit Court of Appeals. Unlike other intermediary appellate courts, rulings from the Federal Circuit are controlling nationwide; thus, uniformity that would otherwise be sought through reform legislation is managed directly by a single court. This was likely the rationale in the Senate’s 11th-hour deletion of a major aspect of the bill just before its passage, which would have provided more restrictions on one’s ability to seek infringement damages.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
