Congress is willing to adopt the most radical revision of the patent law of the country for almost 30 years. Proponents say, that currently taking scientists to patents commercialize a law without caught that will facilitate in costly litigation. "After more than six years, we suddenly quite important advances have made", says John Vaughn, executive Vice President of the Association of American universities in Washington DC, the Organization has led to repeated efforts to reform of the patent system to the vote.
The America invents Act was introduced on 30 March in the House of representatives and should be included in the Committee this week a similar Bill enjoyed passage through the Senate swift on 8 March. The law is the result of a long campaign of universities and companies change the United States patented system of a first-in file arrangement, in accordance with most of the rest of the world. Patents in the country on the basis of first-in invent be granted at the moment, so that two inventor similar patent applications on to decide file in "Interference", where patent and Trademark Office tries go a special Department of the US, that first came with the invention at the same time. It costs on average US$ 400, 000-500 000 an interference can fight case - more than the most academic start-ups make.
Click for larger image"Errors are extremely expensive and rather uncertain," says LITA Nelsen, Director of technology licensing at the Massachusetts Institute of technology (MIT) in Cambridge. "I would lose more quickly and with the certainty of life." She says that the new rule is a great adaptation for MIT, not the routine patent rights outside the United States, in countries, which already, in the first-in file system are.
Defender first to invent have argued that it fast file manage individual inventor, which has not benefited to their patents. But in testimony to the Congress on 30 March, David kappos, Director of the US patent and Trademark Office, said that only one of the three million inventions handled had to prove the Office over the last seven years an individual inventor, who was second but was, that he was first to invent involved, and therefore received the patent. Others were enforced by an interference companies or groups of the inventor.
"This has been a herring by people who hold, an interest that used patents system as complicated as possible;" that is patent lawyers, "says Josh Lerner, innovation policy at the Harvard Business School in Boston, Massachusetts studied."
But Gail Naughton, Dean of business administration at San Diego State University in California, in a range of national academies was used, the transition to first file in the year 2004, recommended, is now concerned that the change could trigger a wave of submissions, such as inventor, rush to first cross (see ' towering patents'). "If significant resources support many new employees at the Patent Office is not exposed, the change in an even greater residue could cause," says, adding that under the new system it would be important for universities to train academics to identify and describe an invention in a patent the data vital to retrieve, so that they can drop quickly but not prematurely.
"Errors are extremely expensive and rather uncertain." "I would lose more quickly and with the certainty of life."
Rob links, who studied patent law at the University of California, Berkeley, says that the new law could academics damage because it weakens in the case of inventor, the commercialization of innovations to start a patent prior to the submission. "I'm not thrilled," says merges, which adds that scientists must often produced samples to send to contacts in the industry, promote their work, before they can officially seek a patent.
Universities are also uncomfortable with a provision in the House Bill, which would create "Prior user rights". This would protect parties that first developed an innovation, but it itself, patent claims, by other parties, who later patented same invention failed. "To prevent previous privileges that foreign and non-practitioners entities filing are American inventions, essential patents", says Mark Chandler, general counsel of Cisco systems in San Jose, California.
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Vaughn, but says that the provision against academics could work by companies independent of each other, University have developed patented technologies to use it without penalty. In addition, academics would enjoy not the rights, he says, because they tend to money by the patented technology licensing rather than to make the products themselves. The House Bill contains an exemption that would prevent anyone from previous user rights for inventions claimed the whole university funded are. But Vaughn says that such precautions are far enough to protect of the rights of the universities, not because some University developed inventions with private capital.
A provision of the Act, which would not strongly disputed a subsequent review process introduced so that outsiders newly awarded challenge patents without costly litigation. This would the United States more in line with the European Patent Office, already bring an opposition procedure, to provide people new patents in question. "We think ex-post review is a quality check and we support," says Gary Griswold of the Coalition for 21st century patent reform, a group of nearly 50 American and multinational companies from various industries, including a number of pharmaceutical companies. Lerner is true. "The real secret is bad patents in the bud stifle people have", he says.
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