Summary: H.R.2795 — 109th Congress (2005-2006)All Information (Except Text)

There is one summary for H.R.2795. Bill summaries are authored by CRS.

Shown Here:
Introduced in House (06/08/2005)

Patent Reform Act of 2005 - Revises conditions under which a patent may be obtained for an invention, including by: (1) providing for joint research agreements; (2) giving patent priority to the first filed patent application (currently, priority is given to the first invention); and (3) amending provisions related to patents internationally.

Gives an inventor a right to apply for and obtain a patent, subject to conditions and regulations. (Current law allows inventors to obtain a patent.)

Requires the Director of the United States Patent and Trademark Office (USPTO) to: (1) impose a duty of candor and good faith on individuals associated with the filing and prosecution of an application and on individuals who are parties adverse to a patent or application for patent in contested cases before USPTO; and (2) establish a special office to investigation violations of such duty.

Revises provisions regarding treble damages for willful infringement of a patent.

Allows the Director to limit the ability of patent applicants to get the benefit of the filing date of a prior-filed application.

Expands the publication of patent applications.

Revises provisions regarding the infringement defense based on prior use of the subject matter of a patent before the effective filing dates.

Sets forth procedures and requirements for opposing a patent grant.

Allows third parties to submit relevant information for inclusion in the record of a patent application.