Friday morning thoughts on patent reform in the US

Kind of busy today. Had to write an exam and the students are starting to become more demanding as we head into the end of semester. So will just put up a few short thoughts and links.

First, Promote the Progress continues to monitor the progress of patent reform in the US. Interestingly, Matt is saying that a reform bill is likely to be introduced before the National Academies meeting on June 9. The reform bill is likely, he says, to contain a few things we are familiar to Australians, like:

• a first to file system
• post grant review - ie, a post-grant Opposition system
• elimination of the 'best mode' requirement
• a complete overhaul of the inequitable conduct ‘system’
• allowance of applications to be filed by companies
• changes to the standard for awarding willfulness – including codification of Knorr-Bremse and an explicit indication that mere knowledge of a patent is insufficient
• 18–month publication of all applications that are not-abandoned
• change to the calculus for awarding injunctive relief

Generally, this could be good news for patent owners in Australia, who will likely be dealing with a slightly more familiar system. Watch Promote the Progress for more info on this debate. Of course, there are many who would also argue that more radical reform is needed and will be avoided here.