Document Type
Article
Abstract
The Article will cover almost all of the important contentious issues raised by H.R. 2795, plus my proposed changes, in the following order: (a) the first-to-file system; (b) the problems inherent in continuation applications; (c) prior user rights; (d) the injunction controversy; (e) limitations upon damages in the context of injunctions; (f) the arguments for nine-month publication; (g) the problems in quantifying damages; (h) elimination of the “best mode” requirement; (i) continuation of injunctions; (j) post-issuance prior art by third parties; (k) pre-issuance submissions by third parties; and (l) proposed changes in the law; (m) new opposition proceedings. In addition, this Article will address problems still remaining in H.R. 2795.
Accordingly, I will point out two serious problems with our present patent laws that have not been addressed by Congress in H.R. 2795, and give recommendations to address those problems.
My views on each of the new provisions will be adduced, pro or con, and then addressed according to whether the provisions in the bill as a whole meet the six goals of the President’s Commission on the Patent System.
Recommended Citation
Robert M. M. Seto,
A Federal Judge's View of the Most Important Changes in Patent Law in Half-A-Century,
11 J. Tech. L. & Pol'y
(2006).
Available at: https://scholarship.law.ufl.edu/jtlp/vol11/iss2/1