Slow-mo rush to problems

Tomorrow the House is scheduled to vote on a package of IP law "reforms". Although the bill has been pending or at least kicking around for a long time, it is being rushed to a vote in spite of (or perhaps because of) the general feeling that it is significantly flawed. Some people think the sponsors are pushing to a vote as a way to evade the growing chorus of complaints.

Although time is short, you might want to email your congressman and ask for a vote against the bill as it is currently written.

Some of the particular sticky points in the bill are:

• The Applicant Quality Submission (AQS) requirement would make applicants provide a search report of all relevant patent and non-patent literature.


• The bill would reduce or eliminate any enforceability of the existing "duty of candor" requirement.


• The bill would remove the Best Mode Requirement diminishing the
  worth of the U.S. patent system by eliminating the quid pro quo of the patent system, which is based on full disclosure of inventions to the American people in exchange for granting exclusive rights to the inventor for a limited time.


• We would move to a First Inventor to File rule. While bringing us in line with the rest of the world, it also "urges" inventors to invest in their patent applications earlier, perhaps causing budget problems for small entities.


• An Apportionment of Damages provision would limit damages for an infringer and might thereby undermine patents and encourage infringement.