US Senate Vote On Patent Reform Expected In September

The United States Senate is expected to hold a vote on a bill to modify US patent law, in part making it more closely aligned with international practices, according to Senate sources. But some are concerned that the bill will not stop fee diversion from the US Patent and Trademark Office.

According to Senate Judiciary Committee Chairman Patrick Leahy, a Vermont Democrat, Senate Majority Leader Harry Reid yesterday filed cloture on the motion to proceed to HR 1249, the House-passed Leahy-Smith America Invents Act. The Senate will vote on cloture on the motion to proceed to the bill when it returns to session in September, Leahy’s office said. Cloture brings debate on the bill to a close.

The Senate and House have passed different versions of the bill and must reconcile them before final passage in each chamber (IPW, US Policy, 24 June 2011).

Leahy is urging the Senate to accept the House-passed version. “When the Senate passed the America Invents Act in March, I said the bill was not what every Senator may want, or what every stakeholder sought in the debate,” Leahy said in a statement. “But the bill the House has passed is an important and comprehensive step forward to help unleash American innovation, create jobs, and bolster our economy. The time has come to send the America Invents Act to the President’s desk to be signed into law. I hope all Senators will join me, again, in passing this important bill after the August recess.”

The American Action Forum, a conservative group, issued a letter of concern that the House bill would not stop the diversion of fee revenue earned by the US Patent and Trademark Office for patent application processing to other government activities. The forum’s letter is here.