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H.R. 2795

BillFederalHouseIn Committee
Patent Reform Act of 2005
About This Bill
Committee
Latest Action · September 15, 2005
Hearings Held on Issue by Subcommittee on Courts, the Internet, and Intellectual Property. The Amendment in the Nature of a Substitute to H.R. 2795.
Congress
109th (2005–2007)
Introduced
June 8, 2005
Cosponsors (11)
5D 6R
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Summary

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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.

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