by  Daniel A. Geselowitz, Ph.D.

Since 2005, the United States Congress has been debating major changes to U.S. patent law under the title of the „Patent Reform Act.“ Versions of the Patent Reform Act were introduced in 2005, 2007, 2009, but were never passed. However, with the passage by the U.S. Senate of a bill entitled „Patent Reform Act of 201 1“ (S. 23) on March 8, 2011, there finally seems to be a good chance of this legislation becoming law.

The „Patent Reform Act“ promises sweeping changes to several aspects the U.S. patent system, including a switch to a so-called „first inventor to file“ system, expanding prior user rights, requirement of publication of patent applications, allowing pre-issuance protests, expanding use of post-issuance reexamination and opposition proceedings, eliminating the best mode requirement, modifying the doctrine of willful infringement, modifying the doctrine of inequitable conduct, etc.—click here to read more—