On March 30, 2011, Representative Lamar Smith (R-Tex.) introduced H.R. 1249, the “America Invents Act” during a hearing before the House Judiciary Committee’s Subcommittee on Intellectual Property, Competition, and the Internet. This bill, commonly referred to as the “Patent Reform Act,” follows the March 8, 2011, landslide passage of its Senate counterpart, S. 23. Together, these bills represent the first concrete opportunity for significant change to U.S. patent law in more than 50 years. While they are not without controversy, these bills are hailed by their supporters as necessary to ensure that the United States remains at the forefront of innovation and economic competitiveness well into the 21st century.
To understand the implications of these bills for the U.S. economy, it is instructive to consider the driving factors behind the original calls for patent reform. Patent reform, in one shape or another, has been winding its way through the Congress since 2005, and it was in the years leading up to that initial push for patent reform legislation that several key issues came to a head.
