Legislation could have vastly different effects in different sectors, say Wisconsin Alumni Research Foundation managing director Carl Gulbrandsen (top), Stanford University law professor Mark Lemley (left) and executive director of the Intellectual Property Owners Association Herbert Wamsley (bottom).
Legislation described as "the most comprehensive change to US patent law" in more than 50 years is pitting research universities and the life sciences industry against the computer and financial services industries. The Patent Reform Act of 2005 (HR 2795), which was the subject of House hearings this month, "will eliminate legal gamesmanship from the current system that rewards lawsuit abuses over creativity," said Rep. Lamar Smith (R-Texas) in introducing the bill in June.
The bill's most fundamental change would be to award patents to those who are first to file, rather than first to invent. This would bring US patent law in line with the rest of the world, a recommendation ...