Small Business Reading Room

Patent system changes maybe forthcoming

"This legislation is not an option, but a necessity,"

• Shift to a "first to file" method of awarding patents, which is already used in most foreign countries, instead of the existing "first to invent" standard.


• Establishment of a "postgrant opposition" system that would allow outsiders to dispute the validity of a patent before a board of administrative judges within the Patent Office, rather than in the traditional court system.


• The placement of new restrictions on the courts where patent cases could be filed--an attempt at rooting out "forum shopping".


• Limit the amount of damages for winners of infringement suits.


• Change in the method used by the courts to calculate the royalties owed.

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