Patent Reform Act suffers serious setback, stalled in Senate

John Timmer
Ars Technica

The US Senate has been considering some major changes to the US patent system, but opposition to some provisions in the complex legislation has apparently derailed the effort, at least temporarily. The Senate version of the Patent Reform Act (S1145) has been taken off the schedule, meaning it will not be considered by the full Senate any time in the near future. That doesn't mean that it can't be revived at a future date, but the bill seems to have drawn some opposition at nearly every step of the way, so its passage will likely remain a challenge.

As we discussed in our detailed analysis of the bill, the US patent system is in some dire need of modernization and other changes. The most obvious problems are in the area of damages, where rulings have held companies liable for damages that, when trebled due to "willful" infringement, can be crippling. But there are other problems as well. The US patent system doesn't always align well with those used by our major trading partners, and has a tendency to grant patents on basic ideas, such as software techniques and business practices. The process for getting a patent overturned is also cumbersome, and has increasingly forced the court system to set standards for patents.

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