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