Patent Act of 2005 - *Draft* amendment circulated

There has been no formal action on the Patent Act of 2005 (H.R. 2795) since its initial referral to the House Subcommittee on Courts, the Internet, and Intellectual Property.

Representative Smith, the original sponsor of the bill, is currently circulating a draft amendment in the form of a substitute.  As of today, this amendment (substitute bill) has not been formally introduced.  The bill as introduced remains the working form of the bill.

I have not reviewed the substitute language in detail, but it is clear that the most significant change is the complete elimination of the injunctive relief provision.  Considering this change to the most controversial aspect of the bill, introduction of this amendment would likely widen the gap between the high-technology and pharmaceutical industries and would cast serious doubt on the future of H.R. 2795 as a vehicle for implementing reform.

In September, all eyes will be watching the House Subcommittee to see whether it is able to schedule a markup of the bill and, if so, whether the proposed amendment surfaces.  If a markup is not scheduled, the issue will likely go below the surface until next year.

K. Karel Lambert has made a redlined version of the of the patent statute available that shows the changes that would be made by the substitute bill.  I have not reviewed this document or determined its accuracy.

I have updated the PTP Patent Reform Library to include the draft amendment.