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Meyer Says Patent Reform Bill Falls Short, Will Spur Lawsuits

September 16, 2011

September 15, 2011 (Mountain View, CA) – Stuart P. Meyer, partner in the Intellectual Property and Litigation Groups of Fenwick & West, was interviewed regarding the America Invents Act for the Bloomberg Law video "Meyer Says Patent Reform Bill Falls Short, Will Spur Lawsuits."

In this Bloomberg Law video interview, Stuart Meyer discusses the long awaited reform to the patent system in the United States, the America Invents Act, which will be signed into law on September 16 by President Obama. The bill will change the US patent system from a first to invent to a first to file system.

While the first to file system will be a change for the United States, Meyer says that inventors have had to think about first to file as opposed to first to invent for some time now in order to protect their patents throughout the world. This bill will bring America in line with the rest of the world on this point.

Meyer also comments that while this first to file provision will eliminate a tremendous amount of complexity in proving who was first to invent, it could serve as a hindrance to many smaller companies who do not have the resources to immediately file. The impact this will have on these smaller corporations has been one of the primary criticisms of this bill.

Another key component of this bill is the funding change for the USPTO. Meyer states that the bill would establish a revolving fund designed to keep more of the fees collected for use in the Patent Office. This is widely considered to be a watered down version of the fee diversion component of the bill.

Meyer was also interviewed regarding the burst of patent suits that have been filed in the wake of this bill's passage. He says this is due to a provision that prevents suing multiple defendants in a patent case when there is not a clear connection between the defendants. Meyer believes this is a temporary bump in litigation, but the provision might not entirely end this practice as courts will still have the ability to group together suits that are filed separately.

To view the full Bloomberg Law interview with Stuart Meyer, click here.