Thursday, March 3, 2011

Senate Defeats Feinstein Patent Amendment

An amendment that was offered by Senator Dianne Feinstein (D-CA) to the patent reform bill (America Invents Act S. 23) has been tabled by a vote of 87 to 13.

The Feinstein Amendment removed the First To File provision in favor of the existing First to Invent System.  Arguments against the First to File System include not allowing independent inventors time to develop or market test their inventions prior to filing.  However, provisions do exist, such as the Provisional Patent Application, which can be filed less expensively and more quickly than a traditional non-provisional patent application.

The First to File provision is one of the primary components of the America Invents Act.  In addition, the Act would provide the US Patent and Trademark Office (USPTO) full fee making authority and would prevent Congress from diverting funds obtained by the USPTO through its fee collections.


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