Should help avoid patent validity litigation, though lawsuits continue

Sep 17, 2011 10:52 GMT  ·  By

The patent system in the US has long been a cause of groans of everything from annoyance to outrage, but at least some of the more aggravating aspects of the system will, hopefully, go away now that the new patent law has been signed.

A little over a week ago, we mentioned that the United States Congress had finalized a certain patent system reform bill.

It is this very reform that is making the news once again, thanks to president Obama finally giving it his signature.

The law has the official name of America Invents Act and, though it did face strong opposition, it will force some changes upon the activities of the US Patent and Trademark Office (USPTO).

Granted, the law won't actually solve the many ongoing disputes over licenses and rights to use this or that intellectual property.

In other words, the lawsuits between Apple, Samsung, Microsoft, HTC, Oracle, Motorla, etc., will go on as before, more or less.

Still, it should become harder for at least patent trolls to base their existence on patent ownership and constant lawsuits.

For those that want something concrete, the reform will introduce a fast-track system and ways to avoid validity litigation.

The patent filing process will be streamlined as well, placing priority on first-to-file instead of first-to-invent.

Patent applications should see reduced waiting time, while emphasis on green technology will accelerate patent development in that sector.

As for the aforementioned opposition, some believe that only large corporations will benefit from the bill, since they are the ones who can afford pushing patents faster, while small inventors will have a hard time because of the first-to-file policy.

As always, time will tell whether this reform turns out for the better or for the worse, and if there are any loopholes that opportunists can exploit.