USA reforms regarding existing patent system

Last weekend Draft law «America Invents Act» was approved by the United States Senate and the President of the United States that changes the existing patent system fundamentally.

It appears that the first case when the patent system has undergone such significant changes, while deviated from accepted standards for the last 50 years.

A growing number of patent trials in the United States are required to be regulated on legislative basis.

The essential change that was brought into the legislation is to replace the system «first-to-invent» into the «first-to-file» one. Now the United States Patent and Trademark Office (USPTO) grants relevant technology patent  to a person who  invented it for the first time ever (first-to-invent). Upon coming the draft law into effect the patents will be granted to a person who first filed the application out for registration of relevant technology (first-to-file).

At present numerous quantity  of patent complaints are under consideration in the United States Patent and Trademark Office, thus,  budget of the mentioned state authority does not allow to deal with the registration efficiently.

According to the new law the Office is entitled to determine fees independently, thereby it may regulate its own budget.

It is expected that changes of existing patenting system will allow to attract new inventors, as well as to eliminate cases in respect of challengeable patents trials describing obvious or already invented technologies and cases with mutual actions of companies against each other that targeted solely for receipt of injured money compensation.

“This reform is profitable for business and practical for inventors. It is a ticket to success” said Matvey Levant, managing partner of «Levant and partners» law firm.