Led since 2009 by Obama appointee and long time IBM veteran David Kappos, the PTO, depending on whom you ask, is credited with granting too many patents, granting too few patents and granting inferior patents.
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There are obvious and substantial costs from having this very porous system of granting patents.
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Reform would bring the U.S. patent system in line with the rest of the world by granting patents on a "first-to-file" rather than a "first-to-invent" basis.
Only granting patents to things which are actually patentable.
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Among the proposed changes in both bills is a measure to convert the U.S. to a "first-to-file" system for granting patents (which most other countries use) rather than the "first-to-invent" system currently in place.
Indeed, some argue that granting such patents may cause more harm, than help, to the industry.
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Well, because the U.S. Patent and Trade Office has been granting gene patents for decades.
Which means no more granting of patents to things that are clear and obvious and entirely unoriginal.
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During its consideration of the bill, the committee received many submissions opposing the granting of patents for computer programs on the grounds it would stifle innovation and restrict competition.
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The government has issued 250 specific measures for its various governmental agencies in areas including legislation, enforcement, trials and education, and it promises infrastructure for quicker patent filing, examining and granting of patents.
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And it will give added ammunition to those who feel that the current system of granting and policing tech patents in America needs to be overhauled.
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