Patent reform bill moves to Senate floor

The Senate Judiciary Committee voted 15-4 to approve a version of the Patent Reform Act of 2009 (S. 515) that addresses two of the three main objections the biotechnology industry had to a bill the committee passed in 2007 (S. 1145). The committee removed language that would have required a jury to emphasize a patent's advances over prior art when setting damages, which could lower the value of biotech patents that combine previously existing inventions. The committee also removed a "second window" that would have allowed post-grant challenges more than 12 months after the patent's issue or reissue, which had been opposed by the biotech industry (See BioCentury, July 23, 2007).

However, the bill as approved by the committee does not reform the inequitable conduct doctrine, which discourages communication between an applicant and a PTO examiner. As a result of the omission, Sen. Orrin Hatch (R-Utah), who co-introduced the bill with committee Chairman Sen. Patrick Leahy (D-Vt.), voted against the bill. ...