U.S. Patent Law Update - 2007

摘要

The April 30 Supreme Court decision in KSR v. Teleflex ensured that 2007 would be a notable year of transition in U.S. Patent Law. Patent applicants and their attorneys should reassess their approach. Companies might have a basis to be more aggressive in challenging competitors' patents. But it is unclear whether KSR will change the number of patents granted, or make obtaining a patent significantly more difficult for most inventions. April also saw the latest round of legislative maneuvering with introduction of the Patent Reform Act of 2007. This Act proposes, most fundamentally, to convert the U.S. from a "first-to-file" patent system to a "first-to-invent" patent system. It also proposes significant new restrictions on patent-owners in enforcing their patents in court. And in January 2007 the Supreme Court issued its MedImmune v. Genentech decision, which will change both patent owners' and licensees' perspectives to licensing.