House Passes H.R. 3309 (Innovation Act) -- Updated

by McDonnell Boehnen Hulbert & Berghoff LLP
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House of Representatives SealThe House of Representatives earlier today passed H.R. 3309, the Innovation Act, by a 325 - 91 vote.  Before voting on the bill, the House spent several hours debating and voting on a number of amendments.  Other than a technical amendment introduced by Rep. Goodlatte (R-VA), the only other amendment approved by the House was introduced by Rep. Rohrabacher (R-CA), preserving 35 U.S.C. § 145, which allows a patent applicant to sue in district court to obtain a patent after a USPTO rejection.  We will provide more detailed coverage of the House vote and the Innovation Act later today.

UPDATE:  In addition to the two amendments referred to above, which were approved via recorded vote, the House also adopted two amendments to the bill via voice vote during debate.  The first of these was introduced by Rep. Polis (D-CO), and included language requiring claimants to provide additional disclosure information in any pre-suit notification to be entitled to claim willful infringement.  The second requires the Director to conduct a study regarding the economic impact of provisions of the Innovation Act on the ability of individuals and small businesses owned by women, veterans, and minorities to protect their "constitutionally guaranteed exclusive right" in their inventions, and was introduced by Rep. Jackson Lee (D-TX).

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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