Congress Considering Reforming Patent Laws
September 1, 1999
The American Investors Protection Act of 1999, H.R. 1907, passed the House on
a roll call vote on August 5, 1999, and awaits Senate action. This bill is the
resurrection of previously defeated bills in the Senate concerning certain areas
of patent reform. It was stated by the sponsor, Rep. Coble, that the previous
Senate objections have been taken care of and should receive more favorable
consideration in the Senate.
This 105-page bill limits the first-inventor defense solely to a class of
rights dealing with "methods of doing or conducting business."
Congress explicitly intends in this bill, not to create a first-inventor defense
or prior user rights for any other process, method, product or other statutorily
recognized class of patentable rights. The bill will also grant the opportunity
to collect royalties from the time the patent application is published. Diligent
inventors will get a minimum patent term of 17 years.
Small businesses will be protected if they are first to invent and use a
process so they don't have to pay others who usurp their technology and patent
it. The publication of U.S. Patent Applications by foreigners will be
immediately published in the U.S., eliminating the 18 month publishing period
that gives an advantage to foreign corporations. The bill also improves the PTO
re-examination procedure by permitting a third party ("inter parties
re-examination") to request a re-examination but that the third party
waives the right to appeal if they lose. If the inventor loses, the inventor may
still appeal to the Federal Circuit.
Related Practices