US House passage of patent reform legislation gets mixed reception

The US House of Representatives last week passed HR 1249, the Leahy-Smith America Invents Act, with broad bipartisan support. The Senate passed its version of the bill (S 23) on March 8 by a vote of 95 to 5. The two chambers will now work out differences between the bills and then a final vote on a compromise bill will have to take place (likely in the Senate).

The legislation also takes steps to help the underfunded US Patents Office deal with a backlog of 1.2 million pending applications, which forces inventors to wait three years for a decision. However, while the final version will include a first-to-file regime it will not likely provide the US PTO with any guarantee of full funding, note observers.

Commenting on the passage of the bill, Senator Patrick Leahy (Democrat, Vermont), and Chairman, Senate Judiciary Committee, said: “Long-awaited patent reform moves one step closer to becoming law today with the House’s action on the America Invents Act. This bill will unleash American Innovation and create good, well-paying jobs for American workers. It is commonsense legislation that goes to the heart of our shared agenda: reinvigorating the American economy and promoting job growth.”