Summary: S.3818 — 109th Congress (2005-2006)All Information (Except Text)

There is one summary for S.3818. Bill summaries are authored by CRS.

Shown Here:
Introduced in Senate (08/03/2006)

Patent Reform Act of 2006 - Modifies conditions under which a patent may be obtained for an invention or discovery, including by: (1) defining "inventor" to include a joint inventor and coinventor; (2) making the effective filing date of a claimed invention the filing date of the patent or the patent application; and (3) revising procedures for patent interference disputes.

Renames the Board of Patent Appeals as the Patent Trial and Appeal Board. Revises provisions relating to the Board's composition, duties, and authorities.

Revises requirements for an inventor's oath or declaration to allow substitute statements in specified circumstances (e.g., death, disability) and supplemental and corrected statements.

Allows a third party assignee (other than the inventor) or a person with a proprietary interest to file a patent application.

Modifies provisions relating to patent infringement litigation to: (1) allow increased damages for willful infringement; (2) grant attorney fees to a prevailing party in patent infringement litigation (unless the position of nonprevailing party is substantially justified); (3) specify permitted grounds for unenforceability of a patent; and (4) expand the prior user defense.

Allows a person who is not the patent owner to file a petition with the Patent Trial and Appeal Board to cancel a patent as invalid (post-grant review). Sets forth procedures for the consideration of such petitions.

Allows third parties to submit documents relevant to the examination of a patent application.

Revises venue requirements for civil patent actions to allow actions to be brought in the judicial district where either party resides (currently, where the defendant resides).