
Patent Law Weblog
recent posts
- Apple v. Squires: USPTO Director Has Unlimited Discretion on IPR Institution
- The Ghost in the Machine: Why GenAI Can Be Both a Brilliant Researcher and a Terrible Advocate
- Bayer Files Suit Against Trio of COVID-19 Vaccine Makers
- Allen v. Cooper (4th Cir. 2026)
- To Require an Inventor ID, or Not to Require an Inventor ID – That Is the Question
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Category: Patent Legislation
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By Donald Zuhn — On Tuesday, the Senate passed the America Invents Act (S. 23) by a 95-5 vote (see "Senate Passes S. 23"). While the provisions that made it into the bill were not entirely clear yesterday, a version of the legislation as passed was posted on the THOMAS website today. The bill moving…
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By Donald Zuhn — It took almost six years for Senate Judiciary Chairman Patrick Leahy (D-VT) to get a patent reform bill to the floor of the Senate for a vote. And after the Senate passed the most recent version of Senator Leahy's bill (S. 23) by a 95-5 vote earlier today (see "Senate Passes…
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By Kevin E. Noonan — The Senate voted today in favor of S. 23, the "America Invents Act," aka the Patent Reform Act of 2011. The vote was 95-5, with Senators Barbara Boxer (D-CA), Maria Cantwell (D-WA), Mike Crapo (R-ID), John Ensign (R-NV), and James Risch (R-ID) voting against. The version of the bill that…
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By Kevin Noonan — On Wednesday afternoon, Senator Dianne Feinstein (D-CA) (at right) addressed the Senate, calling for passage of an amendment to strip the "first-inventor-to-file" provisions from the Senate patent reform bill (S. 23). That amendment lost, 87-13 on Thursday, but her 5-minute speech raised important issues for the House of Representatives to consider…
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By Kevin E. Noonan — On Tuesday, for the second day in a row, Senator Patrick Leahy (D-VT) (at right) stood on the floor of the Senate and argued for his colleagues to pass S. 23, now named the "Invent America Act." In Tuesday's action (which can be seen here: Senate Session, Part I and…
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By Donald Zuhn — After six years of committee debate, all indications are that the Senate will finally take up patent reform legislation by mid-March (see "Patent Reform Legislation Moves to Senate Floor"). Earlier this month, we reported on the reaction of several groups to the passage of the Senate bill (S. 23) out of…
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By Donald Zuhn — According to a recent Reuters report, the Senate will take up consideration of patent reform legislation when it returns from a break next week. Senate Majority Leader Harry Reid (D-NV) said the Senate would take up patent reform after the break, and Assistant Senate Democratic Leader Dick Durbin (D-IL) expressed confidence…
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By Kevin E. Noonan — A number of groups have responded to the Senate Judiciary Committee vote to approve the Patent Reform Act of 2011 (see "Judiciary Committee Votes on Patent Reform Bill"). The Biotechnology Industry Organization (BIO), in a press release from President and CEO Jim Greenwood the day after the vote, praised Senators…
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By Kevin E. Noonan — The Senate Judiciary Committee met today and passed S. 23, the Patent Reform Act of 2011, sending it to the Senate floor for consideration. The vote was 15 ayes, no nays, and on abstention (by Senator John Cornyn, R-TX). But prior to the vote, there were several (but fewer than…
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By Kevin E. Noonan — To quote Lawrence (Yogi) Berra, "It’s déjà vu all over again" — Senator Patrick Leahy (D-VT) (at right), joined by Senators Orrin Hatch (R-UT) and Chuck Grassley (R-IA) are planning to introduce (yet again) a patent reform bill. Stating that "[t]he Patent Reform Act [of 2005 2007 2009 2011] will…