Patent Reform Act of 2009

Summary

Patent Reform Act of 2009 - Amends federal patent law to rewrite provisions concerning the conditions for patentability. Defines "effective filing date of a claimed invention" as the filing date of the patent or the application for patent containing the claim to the invention (thus establishing a first-to-file system). Declares that, to the extent consistent with U.S. obligations under international agreements, patent examination and search duties are sovereign functions. Requires that those functions be performed within the United States by U.S. citizens who are federal employees. Revises various other rights and requirements related to patents, including regarding: (1) damages; (2) post-grant procedures; (3) citation of prior art; (4) inter partes reexaminations; (5) preissuance submissions by third parties; (6) venue and jurisdiction; and (7) the regulatory authority of the Patent and Trademark Office. Replaces the Board of Patent Appeals and Interferences with the Patent Trial and Appeal Board. Revises provisions concerning the residency of federal circuit judges and the facilities and administrative support which must be provided to them.

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Timeline

1. 3 March 2009

   Introduced

   Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S2707-2715)

   Source: IntroReferral

2. 3 March 2009

   Introduced

   Sponsor introductory remarks on measure. (CR S2706-2707)

   Source: IntroReferral

3. 3 March 2009

   Introduced

   Introduced in Senate

   Source: IntroReferral

4. 2 April 2009

   Calendars

   Placed on Senate Legislative Calendar under General Orders. Calendar No. 46.

   Source: Calendars

5. 2 April 2009

   Reported

   Committee on the Judiciary. Ordered to be reported with amendments favorably.

   Source: Committee

6. 2 April 2009

   Reported

   Committee on the Judiciary. Reported by Senator Leahy with amendments. Without written report.

   Source: Committee

7. 12 May 2009

   Floor

   By Senator Leahy from Committee on the Judiciary filed written report. Report No. 111-18. Additional, Minority and Supplemental views filed.

   Source: Floor

8. 12 May 2009

   Committee

   By Senator Leahy from Committee on the Judiciary filed written report. Report No. 111-18. Additional, Minority and Supplemental views filed.

   Source: Committee

Votes

No vote records are attached yet.

Versions

• Reported to Senate · 2 April 2009 · Official file
• Introduced in Senate · 3 March 2009 · Official file

Documents

6 official files

• Reported to Senate (text)

  Reported to Senate · EN · 2 April 2009

  ViewDownloadOpen at official source

• Reported to Senate (PDF)

  Reported to Senate · EN · 2 April 2009

  ViewDownloadOpen at official source

• Reported to Senate with amendment(s)

  summary · EN · 2 April 2009

  Open at official source

• Introduced in Senate (text)

  Introduced in Senate · EN · 3 March 2009

  ViewDownloadOpen at official source

• Introduced in Senate (PDF)

  Introduced in Senate · EN · 3 March 2009

  ViewDownloadOpen at official source

• Introduced in Senate

  summary · EN · 3 March 2009

  Open at official source

Sponsors

• Sen. Leahy, Patrick J. [D-VT] · D · Sponsor
• Sen. Hatch, Orrin G. [R-UT] · R · Sponsor
• Charles Schumer · D · Sponsor
• Mike Crapo · R · Sponsor
• Sheldon Whitehouse · D · Sponsor
• James Risch · R · Sponsor
• Kirsten Gillibrand · D · Sponsor
• Amy Klobuchar · D · Cosponsor
• Sen. Specter, Arlen [R-PA] · R · Cosponsor
• John Cornyn · R · Cosponsor
• Sen. Feinstein, Dianne [D-CA] · D · Cosponsor
• Sen. Kaufman, Edward E. [D-DE] · D · Cosponsor
• Sen. Udall, Mark [D-CO] · D · Cosponsor
• Sen. Pryor, Mark L. [D-AR] · D · Cosponsor
• Bernie Sanders · I · Cosponsor
• · ssju00 · Standing

Related records

• related to → Patent Reform Act of 2009
• related to → Patent Reform Act of 2009