Lawmakers introduce patent reform bill

Sens. Patrick Leahy (D-Vt.) and Orrin Hatch (R-Utah) and Reps. John Conyers (D-Mich.) and Lamar Smith (R-Texas) introduced bicameral patent legislation on Tuesday. The Patent Reform Act of 2009 (S. 515) updates patent reform legislation introduced last Congress (H.R. 1908, S. 1145), which passed the House in 2007 but never reached a vote in the Senate (See BioCentury Extra, Friday, Sep. 07, 2007).

The bill includes language from S. 1145 requiring courts to emphasize a patent's advances over prior art when setting damages in an infringement lawsuit, which could lower the value of biotech patents that combine previously existing inventions. The bill does not reform the "inequitable conduct" doctrine, which discourages communication between an applicant and a PTO examiner. Sen. Hatch said in a statement, "[M]ore work needs to be done on the damages and inequitable-conduct provisions." ...