Difference between revisions of "PATENT Act"

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imported>Julia
(New page: '''S.1137: Protecting American Talent and Entrepreneurship (PATENT) Act (2015)''' [https://www.congress.gov/bill/114th-congress/senate-bill/1137 (Congress)] *Pleading and early disclosure:...)
 
imported>Julia
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'''S.1137: Protecting American Talent and Entrepreneurship (PATENT) Act (2015)''' [https://www.congress.gov/bill/114th-congress/senate-bill/1137 (Congress)]
 
'''S.1137: Protecting American Talent and Entrepreneurship (PATENT) Act (2015)''' [https://www.congress.gov/bill/114th-congress/senate-bill/1137 (Congress)]
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Summary
 
*Pleading and early disclosure: must identify each claim of each patent allegedly infringed and which products or processes are infringing
 
*Pleading and early disclosure: must identify each claim of each patent allegedly infringed and which products or processes are infringing
 
*Discovery limits: requires a court to stay expensive discovery pending resolution of preliminary motions
 
*Discovery limits: requires a court to stay expensive discovery pending resolution of preliminary motions
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*Disclosure of patent ownership: requires patent holders to disclose to the PTO whenever there is an assignment of interest in the patent that results in a change of ultimate parent entity
 
*Disclosure of patent ownership: requires patent holders to disclose to the PTO whenever there is an assignment of interest in the patent that results in a change of ultimate parent entity
 
*Small business provisions: directs PTO to develop educational resources for businesses targeted by patent suits and to create a list of pending patent cases on its website
 
*Small business provisions: directs PTO to develop educational resources for businesses targeted by patent suits and to create a list of pending patent cases on its website
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GovTrack predicts the PATENT Act has a 36% chance of being enacted.

Revision as of 15:42, 19 February 2016

S.1137: Protecting American Talent and Entrepreneurship (PATENT) Act (2015) (Congress)

Summary

  • Pleading and early disclosure: must identify each claim of each patent allegedly infringed and which products or processes are infringing
  • Discovery limits: requires a court to stay expensive discovery pending resolution of preliminary motions
  • Fees and recovery: provides that reasonable attorney fees will be awarded if the court finds that the non-prevailing party was not objectively reasonable
  • Disclosure of patent ownership: requires patent holders to disclose to the PTO whenever there is an assignment of interest in the patent that results in a change of ultimate parent entity
  • Small business provisions: directs PTO to develop educational resources for businesses targeted by patent suits and to create a list of pending patent cases on its website

GovTrack predicts the PATENT Act has a 36% chance of being enacted.