Client Alerts

Patent Reform, Including Supplemental Examination, Passes Todays Senate Judiciary Committee Vote

February 03, 2011

Bruce M. Wexler & David M. Conca

The U.S. Senate Judiciary Committee today favorably reported the patent reform bill, S. 23. We understand that the vote was 15 Yes, 0 No, and 2 Pass. The bill contains several important provisions impacting U.S. patent law, including adding a supplemental examination procedure that can be used to cure potential inequitable conduct, moving to a first to file system, adding judicial gatekeeper provisions for damages, and adding post-grant review procedures.

Of particular potential interest to innovative pharmaceutical companies was the fact that an amendment that had been circulating to strike S. 23s provisions regarding supplemental examination GRA11047 was not introduced.

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