To amend title 35, United States Code, relating to the procurement, enforcement, and validity of patents.
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.
Read twice and referred to the Committee on the Judiciary.
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
Subcommittee Hearings Held.
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.
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