Intellectual Property Law Section releases white paper on patent law reform and adoption of the "first-inventor-to-file" rule

The ABA Section of Intellectual Property Law recently published and distributed to members of Congress a comprehensive white paper on patent reform, "Agenda for 21st Century Patent Reform" [PDF]. The white paper is a response to earlier reports issued by the Federal Trade Commission and the National Research Council of the National Academies on the topic.

Among the Section's recommendations are to reform patent law through adoption of the first-inventor-to-file principle, including the inventor's one-year "grace period" and protections against so-called "self-collision"; enacting the consensus "best practices" for implementing a first-inventor-to-file system, including eliminating certain "loss of right" conditions for patentability that will be rendered unnecessary; reducing litigation costs by limiting spurious claims on inequitable conduct; codifying the authority of the Patent and Trademark Office to enforce the "duty of candor and good faith" in practice before it; creating a patent opposition proceeding; simplifying the willful infringement issue; and more.

Except where specifically indicated in the white paper, the recommendations it contains have not been approved by the ABA House of Delegates or Board of Governors, and should not be construed as representing the policy of the American Bar Association.

Back to top