CNET reports that a bill introduced Wednesday in the House of Representatives seeks to substantially overhaul the U.S. patent system and, according to its sponsor, Rep. Lamar Smith, improve the overall quality of patents and reduce legal shenanigans that have annoyed high-tech companies and software makers. "The bill will eliminate legal gamesmanship from the current system that rewards lawsuit abuses over creativity," said Smith, a Texas Republican. A patent lawyer quipped: "This version…has something to offend almost every interest."
Probably the most sweeping change would be the creation of a process to challenge patents after they are granted by the Patent and Trademark Office. "Opposition requests" can be filed up to nine months after a patent is awarded or six months after a legal notice alleging infringement is sent out. A panel of three administrative law judges would then meet to review the controversy and, eventually, publish a written decision.
Another major change would be a first-come, first-served approach to awarding a patent, with the first person to submit paperwork to the Patent Office being the winner. Patents are now awarded to the first person who devised an invention - something that's tough to prove.