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House approved controversial US patent bill |
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Written by Felix Da Silva (fdasilva@bitnip.com)
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Wednesday, 18 July 2007 |
House of Representatives panel on Wednesday unanimously approved a
controversial patent bill that high-tech firms argue is critical to correcting
perceived flaws in the U.S. system.
The Patent Reform Act of 2007 cleared the House Judiciary Committee with a handful of amendments, paving the way for its consideration by the full House. Supporters say its provisions would help curb litigation costs, weed out bad patents and restore balance to a system they argue tilts too heavily toward the rights of patent holders.
Our objective in passing this bill is to reform the patent system so that patents continue to encourage innovation. When it functions properly, the patent system should encourage and enable inventors to push the boundaries of knowledge and possibility.
Rep. Howard Berman (D-Calif.) the bill's chief sponsor
The bill proposes one of the biggest change to the US patent system in years. It includes replacing a system's "first to invent" to a "first to file" system which all other foreign patent systems use.
The bill also includes a couple of other significant changes. They include:
- A new framework for calculating damages in patent suits
- A new, non-judicial body for mediating patent disputes early on to avoid time-consuming, expensive litigation
- Patent infringers found to have done so "willfully" face the prospect of paying triple damages.
a step towards restoring balance to the patent system, rewarding
those who create and hindering those who would abuse the system for unjustified
gain.
Ed Black, Computer & Communications Industry Association President.
There is something disturbing about it when the association, CCIA, which includes Google and Microsoft applaud this patent reform.
We shall soon see whether this patent reform bill will become law. With such powerful lobbying, there's a good chance and in some way disturbing as the patent system, in my opinion, already favours large tech firms instead. I doubt this patent reform will "encourage and enable inventors to push the boundaries of knowledge and possibility" as Howard Berman puts it.
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