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Home 9 Publication 9 Patent Reform at the Crossroads: Experience in the Far East with Oppositions Suggests an Alternative Approach for the United States

Patent Reform at the Crossroads: Experience in the Far East with Oppositions Suggests an Alternative Approach for the United States

May 25, 2006

Reprinted with permission from North Carolina Journal of Law & Technology Volume 7, Issue 2, Spring 2006

On September 1, 2005, Representative Lamar Smith introduced a “coalition Print” version of a patent reform bill (Substitute bill H. R. 2795) into Congress. That bill included a post-grant opposition procedure not later than nine months after grant. On April 5, 2006, Representative Howard Berman introduced the “Patents Depend on Quality Act of 2006” (H.R. 5096 – the “PDQ Act”) into Congress. The proposed PDQ Act includes a so-called “second window” for bringing an opposition, namely within six months of the alleged infringer’s receiving notice of suit.

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