Publications

Although perhaps too long in coming, this country moved one step closer to a national court of appeals for patent cases on October 30 when the Senate passed S.1477.¹ If passed by the House, the legislation will have an earthshaking effect on the patent system, an impact unequalled since the passage of the Patent Act of 1952.

Title III of the Senate bill, sponsored by Sen. Edward M. Kennedy, D-Mass., provides for the creation of an Article III patent appellate court by the merger of the Court of Customs and Patent Appeals (CCPA) with the Court of Claims. The new court, to be known as the Court of Appeals for the Federal Circuit, wouldhave a structure analgous to the 11 existing circuit courts.