S 3600 · 110th Congress · Commerce

Patent Reform Act of 2008

Introduced 2008-09-25· Sponsored by Sen. Kyl, Jon [R-AZ]· Senate

Bill Progress

Introduced
2
Committee
3
Senate Vote
4
House
5
Enacted
Latest: Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S9506-9516)(2008-09-25)

Plain Language Summary

[AI summary unavailable — showing source text] Patent Reform Act of 2008 - Amends federal patent law to define terms, including "inventor," "joint inventor," and "effective filing date of a claimed invention." Modifies the conditions under which a patent may be obtained, including basing patent granting in part on filing dates (often referred to as a "first-to-file" system). Repeals provisions relating to inventions made abroad and provisions allowing statutory invention registration. Requires that a subsequent patent application which names an inventor or joint inventor in a previous application apply as though filed on the date of the previous application. Repeals provisions providing for interfering patent civil actions. Allows an applicant to request a derivation proceeding. Allows a third party assignee or a person with a proprietary interest to file a patent application. Allows tripling of royalty damages. Sets forth criteria for calculating reasonable royalties. Replaces provisions relating to optional inter partes reexamination procedures with post-grant review procedure provisions. Replaces the Board of Patent Appeals and Interferences with the Patent Trial and Appeal Board and s…

Summarized by Claude AI · Non-partisan · For informational purposes only