The Great Debate:
FIRST-TO-INVENT vs. FIRST-TO-FILE

Here We Go Again...11 Years Later...

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2005 Legislation

The Patent Reform Act of 2005
H.R. 2795

What is the Status of H.R. 2795?

[ SOURCE: GOVTRACK.US ]

Official Title:

Status:

Introduced (By Rep. Lamar Smith [R-TX])

This bill is in the first step in the legislative process. Introduced House bills go first to House committees that consider whether the bill should be presented to the House as a whole. The majority of bills never make it out of committee.

Introduced:	Jun 8, 2005
Last Action:	Jun 9, 2005: Subcommittee Hearings Held.
Sponsor:	Rep. Lamar Smith [R-TX]

Background Information

This is a House bill, indicated by the "H.R." before its number. A bill is a legislative proposal before Congress. A bill must be passed by both the House and Senate and then be signed by the President before it becomes law.

This information comes from THOMAS, the official source for the status of legislation. Because the government takes a day or two to post legislative information online, GovTrack is always a day or two behind.

This information comes from THOMAS, the official source for the status of legislation. Because the government takes a day or two to post legislative information online, GovTrack is always a day or two behind.

[ SOURCE: GOVTRACK.US ]

Summary of Where It's At Now

Since the bill was introduced on June 8th, 2005, there has been much debate over the bill. Even multinational interests have problems with some of the bill's issues. Following are proposed revisions of the bill called a "mark-up". It's important to note that the invention community has not been involved nor invited in making any of these "mark-up" revisions.

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July 26th: AIPLA* mark-up of HR 2795 with proposed amendments.
Click Here to View PDF File
*(AIPLA)The American Intellectual Property Law Association is a 16,000 member, national bar association constituted primarily of intellectual property lawyers in private & corporate practice, in government service, and in the academic community.

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July 26th: Mark-up from Congressman Lamar Smith (R-TX).
Click Here to View PDF File

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September 1: Mark-up draft from the Coalition for 21st Century Patent Law Reform--a coalition of major US corporations
Click Here to View PDF File

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October 21: Mark-up draft from the Coalition for 21st Century Patent Law Reform--a coalition of major US corporations
Click Here to View PDF File

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November 1: Comparison Chart on Various Bill Versions by Intellectual Property Owners Association [IPO]
Click Here to View PDF File

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Meanwhile, there have been numerous conferences, seminars, and lectures regarding the proposed changes in the patent system, with minimal, if any, representation from the invention community. Notice that all of the proposed changes to the bill and testimony at the hearings are from large multinational interests.

This is why it is so important that you contact your congressmen and the key officials and let them know that you are concerned about the proposed changes to the U.S. patent system.

September 15, 2005 Legislative Hearing
"The Amendment in the Nature of a Substitute to H.R. 2795, the 'Patent Act of 2005'" Hearing Transcript
House Subcommittee on Courts, the Internet, and Intellectual Property

Witness List:

• Emery Simon Testimony
  Counsel, The Small Business Software Alliance (BSA)
  
• Philip S. Johnson Testimony
  Chief Patent Counsel, Johnson & Johnson on behalf of the Pharmaceutical Research and Manufacturers of America (PhRMA)
  
• Robert B. Chess Testimony
  Chairman, Nektar Therapeutics on behalf of the Biotechnology Industry Organziation (BIO)
  
• John R. Thomas Testimony
  Professor, Georgetown University Law Center

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