Patent Reform Act of 2007

To amend title 35, United States Code, to provide for patent reform.

9/7/2007--Passed House amended. Patent Reform Act of 2007 - Amends federal patent law to establish a first-inventor-to file system and to add or revise provisions governing patent review proceedings and patent infringement litigation.

(Sec. 3) Adds and expands definitions relating to patents. Defines "inventor" as the individual or individuals collectively who invented or discovered the subject matter of the invention and "joint inventor" as any one of the individuals who invented or discovered the subject matter of an invention. Defines "effective filing date of a claimed invention" as the filing date of the patent or the application for patent containing the claim to the invention (thus establishing a first-inventor-to-file system).
Revises the definition of "prior art" and conditions for patentability to accommodate a first-inventor-to-file system. Reaffirms, with certain exceptions, the denial of a patent for a claimed invention, if such invention was patented, described in a printed publication, in public use, or on sale more than a one-year grace period before the effective filing date of the claimed invention. Revises provisions for determining claims of patent derivation (i.e., deriving an invention from another inventor and filing a patent application without authorization). Directs the Patent Trial and Appeal Board (formerly the Board of Patent Appeals) to:
(1) determine the question of the right to patent;
(2) correct the naming of the inventor in any patent application or patent at issue; and
(3) issue a final decision on the right to patent. Makes a final decision of the Patent Trial and Appeal Board the final refusal of a patent by the U.S. Patent and Trademark Office (USPTO) in a derivation proceeding. Allows parties to a derivation proceeding to terminate a proceeding by filing a written settlement statement or by referring such proceeding to arbitration.
Requires certification to Congress by the President that major patenting authorities (i.e., at least the patenting authorities in Europe and Japan) have adopted similar grace period provisions as contained in U.S. patent law before first-inventor-to file provisions set forth by this Act become effective. Requires the Under Secretary of Commerce for Intellectual Property and the Director of the USPTO to:
(1) conduct a study every seven years of the effectiveness and efficiency of the first inventor-to-file system; and
(2) report to the Judiciary Committees of Congress on such study.

(Sec. 4) Revises requirements for an inventor's oath or declaration to:
(1) require each individual who is the inventor or joint inventor of a claimed invention to execute an oath or declaration in connection with a patent application stating that he or she is the original inventor or joint inventor; and
(2) allow a substitute statement if the original inventor is dead, legally incapacitated, or cannot be found, or is required to assign the invention and has refused to make an oath or declaration. Sets forth requirements for making substitute statements and supplemental and corrected statements.

(Sec. 5) Expands criteria for determining damages for patent infringement. Sets forth guidelines for courts in determining an award based upon a reasonable royalty relating to the economic and market value of patents attributable to their contribution over prior art. Allows increased damages for willful patent infringement.
Requires the Under Secretary of Commerce for Intellectual Property and the Director of USPTO to:
(1) report by June 30, 2009, to the Judiciary Committees of Congress on the operation of prior user rights in selected industrialized countries: and
(2) conduct a study every seven years and report to the Judiciary Committees on the effectiveness and efficiency of changes made by this Act for calculating inventor damages.

(Sec. 6) Revises procedures for:
(1) citing prior art to USPTO for purposes of determining the patentability of a claimed invention; and
(2) reexaminations of patents by the Director of USPTO. Reassigns inter partes reexamination proceedings to administrative patent judges (currently, conducted by patent examiners). Allows patent owners or third parties to an inter partes reexamination proceeding to request an oral hearing before a patent judge.
Establishes procedures for post-grant review to cancel as unpatentable any claim of a patent on specified grounds of invalidity. Sets forth requirements for a post-grant review petition and the conduct of post-grant review proceedings, including appeals from a final determination of the Patent Trial and Appeal Board. Repeals provisions of the Intellectual Property and Communications Omnibus Reform Act of 1999 relating to the estoppel effect on subsequent civil actions of requesting an inter partes reexamination.
Requires the Under Secretary of Commerce for Intellectual Property and the Director to issue regulations for post-grant review proceedings within one year of the enactment of this Act.

(Sec. 7) Defines "cancellation petitioner" as the real party in interest requesting cancellation of any claim of a patent and the privies of the real party in interest. Renames the Board of Patent Appeals as the Patent Trial and Appeal Board. Revises provisions relating to the Board's membership, duties, and authorities.
(Sec. 8) Directs the Under Secretary of Commerce for Intellectual Property and the Director of USPTO to study and report to the Judiciary Committees on the effectiveness and efficiency of proceedings available for the reexamination of patents.
(Sec. 9) Imposes time restrictions on the publication of certain pending patent applications.
Allows any third person to submit for consideration and inclusion in the record of a patent application, any patent, published patent application, or other publication of potential relevance to the examination of a patent application. Requires such submission to be made in writing, with a concise description of its relevance, before the earlier of:
(1) the mailing of a notice of allowance in the application for a patent; or
(2) the date that is six months after publication of the application or that date of the first rejection of any claim in the application, whichever is later.

(Sec. 10) Renders any tax planning method unpatentable. Defines "tax planning method" as a plan, strategy, technique, or scheme that reduces, minimizes, or defers individual tax liability.

(Sec. 11) Amends the federal judicial code to prohibit patent litigants from manufacturing venue by assignment, incorporation, or otherwise to invoke the venue of a specific federal district court. Restricts venue in patent litigation to a judicial district where:
(1) the defendant has its principal place of business or is incorporated;
(2) the defendant has committed a substantial portion of the acts of infringement and has a regular and established physical facility;
(3) the primary plaintiff resides, if the primary plaintiff is an institution of higher education or a nonprofit organization;
(4) the primary plaintiff has a place of business engaged in substantial research and development, manufacturing, or the management of such activities;
(5) the plaintiff resides, if the plaintiff is named as inventor or co-inventor and there has been no transfer of rights in the patent; or
(6) any defendants have substantial evidence and witnesses. Allows venue in any district for cases involving foreign defendants with no U.S. subsidiary.
Allows an appeal to the Court of Appeals for the Federal Circuit from an interlocutory order or decree determining construction of claims in a patent infringement case. Provides for the transfer of any case commenced in a U.S. district court on or after September 7, 2007, in which venue is improper, unless substantive rulings have been made in such case or the court finds that transfer would not serve the interests of justice.
(Sec. 12) Requires the Director of USPTO to require patent applicants (except for micro-entities as defined by this Act) to submit a search report and other information and analysis relevant to patentability.
Establishes inequitable conduct (i.e., intentionally misleading or deceiving the USPTO or failing to disclose material information) as a defense to a patent infringement claim . Requires a showing of inequitable conduct by clear and convincing evidence. Provides for sanctions against attorneys involved in inequitable conduct.

(Sec. 13) Eliminates as a defense to a patent infringement claim the failure of an inventor to comply with the best mode of carrying out an invention.

(Sec. 14) Grants specific regulatory authority to USPTO over the quality and timeliness of patent applications and their examination. Requires regulations promulgated by USPTO to be reviewed and approved by Congress.

(Sec. 16) Requires the Director of the Administrative Office of the U.S. Courts, in consultation with the Federal Judicial Center, to study and report to the Judiciary Committees on the use of special masters in patent litigation.

(Sec. 17) Directs the Comptroller General, within two years after the enactment of this Act, to conduct a study of workplace conditions for the examiner corps of USPTO and to submit the results of such study, with any other recommendations relating to patent reexamination proceedings, to the Judiciary Committees.

(Sec. 18) Reaffirms congressional intent to promote joint research activities as previously expressed, including in the legislative history, by the enactment of the Cooperative Research and Technology Enhancement Act (CREATE Act). Directs USPTO to administer the joint research provisions of this Act in a manner consistent with the legislative history of the CREATE Act.
(Sec. 19) Directs the Under Secretary of Commerce for Intellectual Property and the Director of USPTO to study and report to Congress on patent damage awards based on a reasonable royalty standard.

(Sec. 20) Provides for severability of provisions of this Act held to be invalid or unenforceable.

... morehide bill summarySee Full Bill Text

Sponsor

• Rep. Howard Berman [D, CA-28]
• and 23 Co-Sponsors
  • Rep. Spencer Bachus [R, AL-6]
  • Rep. Frederick Boucher [D, VA-9]
  • Rep. Christopher Cannon [R, UT-3]
  • Rep. Howard Coble [R, NC-6]
  • Rep. John Conyers [D, MI-14]
  • Rep. Joseph Crowley [D, NY-7]
  • Rep. Jo Ann Davis [R, VA-1]
  • Rep. Rahm Emanuel [D, IL-5]
  • Rep. Anna Eshoo [D, CA-14]
  • Rep. Robert Goodlatte [R, VA-6]
  • Rep. Darlene Hooley [D, OR-5]
  • Rep. Darrell Issa [R, CA-49]
  • Rep. Sheila Jackson-Lee [D, TX-18]
  • Rep. Zoe Lofgren [D, CA-16]
  • Rep. Jim Matheson [D, UT-2]
  • Rep. James Moran [D, VA-8]
  • Rep. Bill Sali [R, ID-1]
  • Rep. Adam Schiff [D, CA-29]
  • Rep. Michael Simpson [R, ID-2]
  • Rep. Adam Smith [D, WA-9]
  • Rep. Lamar Smith [R, TX-21]
  • Rep. Debbie Wasserman Schultz [D, FL-20]
  • Rep. Robert Wexler [D, FL-19]
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Committees

• House Judiciary
• 1 more
  • House Judiciary
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Amendments

This bill has 5 amendments. See All AmendmentsHide All Amendments

Amendments to H.R.1908

Number	Status	Purpose
H.Amdt789	Pass	An amendment numbered 1 printed in House Report 110-319 to incorporate a number of revisions including revisions to the sections on damages, willful infringement, prior user rights, post-grant review, venue, inequitable conduct, applicant disclosure information and inventor's oath requirements, among others.
H.Amdt790	Pass	An amendment numbered 2 printed in House Report 110-319 to eliminate provisions in the law permitting certain applicants to delay or prevent publication of their applications. The amendment would strike that provision and permit applicants to delay publication until the later of (1) three months after a second PTO decision or (2) 18 months after the filing date.
H.Amdt791	Pass	An amendment numbered 3 printed in House Report 110-319 to change the section relating to United States Patent and Trademark Office regulatory authority by adding the requirement that Congress be provided 60 days to review regulations before they take effect. Congress may bar implementation of the regulation by enactment of a joint resolution of disapproval.
H.Amdt792	Pass	An amendment numbered 4 printed in House Report 110-319 to require the Director of the United States Patent and Trademark Office to conduct a study of patent damage awards in cases from at least 1990 to the present where such awards have been based on a reasonable royalty under Section 284 of Title 35 of the United States Code. The Director of the PTO would be required to submit the findings to Congress no later than one year after the Act's enactment.
H.Amdt793	Pass	An amendment numbered 5 printed in House Report 110-319 to prohibit a post-grant review from being instituted based upon the best mode requirement of patent law.

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Introduced		Voted on by House		Voted on by Senate		Considered By President		Bill Becomes Law
April 18, 2007		September 07, 2007

Latest Vote

September 07, 2007Roll call number 863 in the House
Question: On Passage: H R 1908 Patent Reform Act of 2007
Required percentage of 'Aye' votes: 1/2 (50%)	Percentage of 'aye' votes: 50%	Result: Passed

Democrats Voting 'Aye'

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Rep. Gary Ackerman [D, NY-5]
Rep. Thomas Allen [D, ME-1]
Rep. Robert Andrews [D, NJ-1]
Rep. Michael Arcuri [D, NY-24]
Rep. Brian Baird [D, WA-3]
Rep. Tammy Baldwin [D, WI-2]
Rep. John Barrow [D, GA-12]
Rep. Melissa Bean [D, IL-8]
Rep. Xavier Becerra [D, CA-31]
Rep. Shelley Berkley [D, NV-1]
Rep. Howard Berman [D, CA-28]
Rep. Sanford Bishop [D, GA-2]
Rep. Timothy Bishop [D, NY-1]
Rep. Earl Blumenauer [D, OR-3]
Rep. Dan Boren [D, OK-2]
Rep. Leonard Boswell [D, IA-3]
Rep. Frederick Boucher [D, VA-9]
Rep. Nancy Boyda [D, KS-2]
Rep. Robert Brady [D, PA-1]
Rep. Bruce Braley [D, IA-1]
Rep. Corrine Brown [D, FL-3]
Rep. George Butterfield [D, NC-1]
Rep. Lois Capps [D, CA-23]
Rep. Dennis Cardoza [D, CA-18]
Rep. Julia Carson [D, IN-7]
Rep. Kathy Castor [D, FL-11]
Rep. Ben Chandler [D, KY-6]
Rep. William Clay [D, MO-1]
Rep. Emanuel Cleaver [D, MO-5]
Rep. James Clyburn [D, SC-6]
Rep. Steve Cohen [D, TN-9]
Rep. John Conyers [D, MI-14]
Rep. Jim Cooper [D, TN-5]
Rep. Jim Costa [D, CA-20]
Rep. Joseph Crowley [D, NY-7]
Rep. Henry Cuellar [D, TX-28]
Rep. Elijah Cummings [D, MD-7]
Rep. Artur Davis [D, AL-7]
Rep. Danny Davis [D, IL-7]
Rep. Lincoln Davis [D, TN-4]
Rep. Diana DeGette [D, CO-1]
Rep. William Delahunt [D, MA-10]
Rep. Norman Dicks [D, WA-6]
Rep. John Dingell [D, MI-15]
Rep. Lloyd Doggett [D, TX-25]
Rep. Michael Doyle [D, PA-14]
Rep. Thomas Edwards [D, TX-17]
Rep. Keith Ellison [D, MN-5]
Rep. Rahm Emanuel [D, IL-5]
Rep. Eliot Engel [D, NY-17]
Rep. Anna Eshoo [D, CA-14]
Rep. Sam Farr [D, CA-17]
Rep. Chaka Fattah [D, PA-2]
Rep. Bob Filner [D, CA-51]
Rep. Barney Frank [D, MA-4]
Rep. Gabrielle Giffords [D, AZ-8]
Rep. Kirsten Gillibrand [D, NY-20]
Rep. Charles Gonzalez [D, TX-20]
Rep. Barton Gordon [D, TN-6]
Rep. Raymond Green [D, TX-29]
Rep. Al Green [D, TX-9]
Rep. Luis Gutierrez [D, IL-4]
Rep. John Hall [D, NY-19]
Rep. Jane Harman [D, CA-36]
Rep. Alcee Hastings [D, FL-23]
Rep. Rubén Hinojosa [D, TX-15]
Rep. Michael Honda [D, CA-15]
Rep. Steny Hoyer [D, MD-5]
Rep. Jay Inslee [D, WA-1]
Rep. Steve Israel [D, NY-2]
Rep. Jesse Jackson [D, IL-2]
Rep. Sheila Jackson-Lee [D, TX-18]
Rep. William Jefferson [D, LA-2]
Rep. Henry Johnson [D, GA-4]
Rep. Steve Kagen [D, WI-8]
Rep. Patrick Kennedy [D, RI-1]
Rep. Carolyn Kilpatrick [D, MI-13]
Rep. Ronald Kind [D, WI-3]
Rep. Ron Klein [D, FL-22]
Rep. James Langevin [D, RI-2]
Rep. Tom Lantos [D, CA-12]
Rep. Rick Larsen [D, WA-2]
Rep. John Larson [D, CT-1]
Rep. Barbara Lee [D, CA-9]
Rep. Sander Levin [D, MI-12]
Rep. John Lewis [D, GA-5]
Rep. Zoe Lofgren [D, CA-16]
Rep. Nita Lowey [D, NY-18]
Rep. Stephen Lynch [D, MA-9]
Rep. Tim Mahoney [D, FL-16]
Rep. Carolyn Maloney [D, NY-14]
Rep. Edward Markey [D, MA-7]
Rep. James Marshall [D, GA-8]
Rep. Jim Matheson [D, UT-2]
Rep. Doris Matsui [D, CA-5]
Rep. Carolyn McCarthy [D, NY-4]
Rep. James McGovern [D, MA-3]
Rep. Jerry McNerney [D, CA-11]
Rep. Kendrick Meek [D, FL-17]
Rep. Gregory Meeks [D, NY-6]
Rep. George Miller [D, CA-7]
Rep. R. Bradley Miller [D, NC-13]
Rep. Harry Mitchell [D, AZ-5]
Rep. Dennis Moore [D, KS-3]
Rep. James Moran [D, VA-8]
Rep. Christopher Murphy [D, CT-5]
Rep. John Murtha [D, PA-12]
Rep. Jerrold Nadler [D, NY-8]
Rep. Grace Napolitano [D, CA-38]
Rep. Richard Neal [D, MA-2]
Rep. David Obey [D, WI-7]
Rep. Solomon Ortiz [D, TX-27]
Rep. Ed Perlmutter [D, CO-7]
Rep. Earl Pomeroy [D, ND-0]
Rep. Silvestre Reyes [D, TX-16]
Rep. Laura Richardson [D, CA-37]
Rep. Ciro Rodriguez [D, TX-23]
Rep. Mike Ross [D, AR-4]
Rep. Lucille Roybal-Allard [D, CA-34]
Rep. C.A. Dutch Ruppersberger [D, MD-2]
Rep. Bobby Rush [D, IL-1]
Rep. Linda Sanchez [D, CA-39]
Rep. John Sarbanes [D, MD-3]
Rep. Janice Schakowsky [D, IL-9]
Rep. Adam Schiff [D, CA-29]
Rep. David Scott [D, GA-13]
Rep. Robert Scott [D, VA-3]
Rep. José Serrano [D, NY-16]
Rep. Joe Sestak [D, PA-7]
Rep. Brad Sherman [D, CA-27]
Rep. Ike Skelton [D, MO-4]
Rep. Louise Slaughter [D, NY-28]
Rep. Adam Smith [D, WA-9]
Rep. Victor Snyder [D, AR-2]
Rep. Hilda Solis [D, CA-32]
Rep. Zackary Space [D, OH-18]
Rep. John Spratt [D, SC-5]
Rep. Fortney Stark [D, CA-13]
Rep. Bart Stupak [D, MI-1]
Rep. Betty Sutton [D, OH-13]
Rep. John Tanner [D, TN-8]
Rep. Ellen Tauscher [D, CA-10]
Rep. Bennie Thompson [D, MS-2]
Rep. C. Michael Thompson [D, CA-1]
Rep. Edolphus Towns [D, NY-10]
Rep. Mark Udall [D, CO-2]
Rep. Tom Udall [D, NM-3]
Rep. Christopher Van Hollen [D, MD-8]
Rep. Nydia Velazquez [D, NY-12]
Rep. Timothy Walz [D, MN-1]
Rep. Debbie Wasserman Schultz [D, FL-20]
Rep. Maxine Waters [D, CA-35]
Rep. Melvin Watt [D, NC-12]
Rep. Henry Waxman [D, CA-30]
Rep. Anthony Weiner [D, NY-9]
Rep. Peter Welch [D, VT-0]
Rep. Robert Wexler [D, FL-19]
Rep. David Wu [D, OR-1]
Rep. Albert Wynn [D, MD-4]
Rep. John Yarmuth [D, KY-3]

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Republicans Voting 'Aye'

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Rep. Spencer Bachus [R, AL-6]
Rep. Jo Bonner [R, AL-1]
Rep. Mary Bono Mack [R, CA-45]
Rep. Kevin Brady [R, TX-8]
Rep. John Campbell [R, CA-48]
Rep. Christopher Cannon [R, UT-3]
Rep. Eric Cantor [R, VA-7]
Rep. Shelley Capito [R, WV-2]
Rep. Howard Coble [R, NC-6]
Rep. John Culberson [R, TX-7]
Rep. Thomas Davis [R, VA-11]
Rep. Lincoln Diaz-Balart [R, FL-21]
Rep. Mario Diaz-Balart [R, FL-25]
Rep. John Doolittle [R, CA-4]
Rep. Thelma Drake [R, VA-2]
Rep. David Dreier [R, CA-26]
Rep. James Forbes [R, VA-4]
Rep. Jeffrey Fortenberry [R, NE-1]
Rep. Vito Fossella [R, NY-13]
Rep. Elton Gallegly [R, CA-24]
Rep. Wayne Gilchrest [R, MD-1]
Rep. Robert Goodlatte [R, VA-6]
Rep. Doc Hastings [R, WA-4]
Rep. Dean Heller [R, NV-2]
Rep. Jeb Hensarling [R, TX-5]
Rep. Walter Herger [R, CA-2]
Rep. Darrell Issa [R, CA-49]
Rep. Ric Keller [R, FL-8]
Rep. Peter King [R, NY-3]
Rep. Daniel Lungren [R, CA-3]
Rep. Kenny Marchant [R, TX-24]
Rep. Kevin McCarthy [R, CA-22]
Rep. Michael McCaul [R, TX-10]
Rep. Howard McKeon [R, CA-25]
Rep. Cathy McMorris Rodgers [R, WA-5]
Rep. Marilyn Musgrave [R, CO-4]
Rep. Randy Neugebauer [R, TX-19]
Rep. Devin Nunes [R, CA-21]
Rep. Mike Pence [R, IN-6]
Rep. John Peterson [R, PA-5]
Rep. Jon Porter [R, NV-3]
Rep. Tom Price [R, GA-6]
Rep. Deborah Pryce [R, OH-15]
Rep. Adam Putnam [R, FL-12]
Rep. George Radanovich [R, CA-19]
Rep. Harold Rogers [R, KY-5]
Rep. Paul Ryan [R, WI-1]
Rep. Bill Sali [R, ID-1]
Rep. F. James Sensenbrenner [R, WI-5]
Rep. Peter Sessions [R, TX-32]
Rep. William Shuster [R, PA-9]
Rep. Michael Simpson [R, ID-2]
Rep. Christopher Smith [R, NJ-4]
Rep. Lamar Smith [R, TX-21]
Rep. William Thornberry [R, TX-13]
Rep. Todd Tiahrt [R, KS-4]
Rep. Greg Walden [R, OR-2]
Rep. Roger Wicker [R, MS-1]
Rep. Heather Wilson [R, NM-1]
Rep. Frank Wolf [R, VA-10]

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Others Voting 'Aye'

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Democrats Voting 'Nay'

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Rep. Neil Abercrombie [D, HI-1]
Rep. Jason Altmire [D, PA-4]
Rep. Joe Baca [D, CA-43]
Rep. Robert Berry [D, AR-1]
Rep. Michael Capuano [D, MA-8]
Rep. Christopher Carney [D, PA-10]
Rep. Yvette Clarke [D, NY-11]
Rep. Jerry Costello [D, IL-12]
Rep. Joe Courtney [D, CT-2]
Rep. Robert Cramer [D, AL-5]
Rep. Susan Davis [D, CA-53]
Rep. Peter DeFazio [D, OR-4]
Rep. Rosa DeLauro [D, CT-3]
Rep. Joe Donnelly [D, IN-2]
Rep. Bob Etheridge [D, NC-2]
Rep. Raul Grijalva [D, AZ-7]
Rep. Phil Hare [D, IL-17]
Rep. Stephanie Herseth Sandlin [D, SD-0]
Rep. Brian Higgins [D, NY-27]
Rep. Baron Hill [D, IN-9]
Rep. Maurice Hinchey [D, NY-22]
Rep. Mazie Hirono [D, HI-2]
Rep. Paul Hodes [D, NH-2]
Rep. Rush Holt [D, NJ-12]
Rep. Eddie Johnson [D, TX-30]
Rep. Paul Kanjorski [D, PA-11]
Rep. Marcy Kaptur [D, OH-9]
Rep. Dale Kildee [D, MI-5]
Rep. Dennis Kucinich [D, OH-10]
Rep. Nicholas Lampson [D, TX-22]
Rep. Daniel Lipinski [D, IL-3]
Rep. David Loebsack [D, IA-2]
Rep. Betty McCollum [D, MN-4]
Rep. Mike McIntyre [D, NC-7]
Rep. Michael McNulty [D, NY-21]
Rep. Charles Melancon [D, LA-3]
Rep. Michael Michaud [D, ME-2]
Rep. Alan Mollohan [D, WV-1]
Rep. Gwen Moore [D, WI-4]
Rep. Patrick Murphy [D, PA-8]
Rep. James Oberstar [D, MN-8]
Rep. John Olver [D, MA-1]
Rep. William Pascrell [D, NJ-8]
Rep. Edward Pastor [D, AZ-4]
Rep. Donald Payne [D, NJ-10]
Rep. Collin Peterson [D, MN-7]
Rep. David Price [D, NC-4]
Rep. Nick Rahall [D, WV-3]
Rep. Steven Rothman [D, NJ-9]
Rep. Timothy Ryan [D, OH-17]
Rep. Allyson Schwartz [D, PA-13]
Rep. Carol Shea-Porter [D, NH-1]
Rep. Heath Shuler [D, NC-11]
Rep. Albio Sires [D, NJ-13]
Rep. Gene Taylor [D, MS-4]
Rep. John Tierney [D, MA-6]
Rep. Peter Visclosky [D, IN-1]
Rep. Charles Wilson [D, OH-6]

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Republicans Voting 'Nay'

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Rep. Robert Aderholt [R, AL-4]
Rep. W. Todd Akin [R, MO-2]
Rep. Rodney Alexander [R, LA-5]
Rep. Michele Bachmann [R, MN-6]
Rep. Roscoe Bartlett [R, MD-6]
Rep. Joe Barton [R, TX-6]
Rep. Judy Biggert [R, IL-13]
Rep. Brian Bilbray [R, CA-50]
Rep. Gus Bilirakis [R, FL-9]
Rep. Marsha Blackburn [R, TN-7]
Rep. Roy Blunt [R, MO-7]
Rep. John Boehner [R, OH-8]
Rep. John Boozman [R, AR-3]
Rep. Charles Boustany [R, LA-7]
Rep. Paul Broun [R, GA-10]
Rep. Henry Brown [R, SC-1]
Rep. Virginia Brown-Waite [R, FL-5]
Rep. Vern Buchanan [R, FL-13]
Rep. Michael Burgess [R, TX-26]
Rep. Dan Burton [R, IN-5]
Rep. Stephen Buyer [R, IN-4]
Rep. Ken Calvert [R, CA-44]
Rep. David Camp [R, MI-4]
Rep. Michael Castle [R, DE-0]
Rep. Steven Chabot [R, OH-1]
Rep. Tom Cole [R, OK-4]
Rep. K. Michael Conaway [R, TX-11]
Rep. Ander Crenshaw [R, FL-4]
Rep. Geoff Davis [R, KY-4]
Rep. David Davis [R, TN-1]
Rep. Nathan Deal [R, GA-9]
Rep. Charles Dent [R, PA-15]
Rep. John Duncan [R, TN-2]
Rep. Vernon Ehlers [R, MI-3]
Rep. Jo Ann Emerson [R, MO-8]
Rep. Philip English [R, PA-3]
Rep. Terry Everett [R, AL-2]
Rep. Mary Fallin [R, OK-5]
Rep. Tom Feeney [R, FL-24]
Rep. Michael Ferguson [R, NJ-7]
Rep. Jeff Flake [R, AZ-6]
Rep. Virginia Foxx [R, NC-5]
Rep. Trent Franks [R, AZ-2]
Rep. Rodney Frelinghuysen [R, NJ-11]
Rep. E. Scott Garrett [R, NJ-5]
Rep. Jim Gerlach [R, PA-6]
Rep. John Gingrey [R, GA-11]
Rep. Louis Gohmert [R, TX-1]
Rep. Virgil Goode [R, VA-5]
Rep. Samuel Graves [R, MO-6]
Rep. Ralph Hall [R, TX-4]
Rep. Robin Hayes [R, NC-8]
Rep. David Hobson [R, OH-7]
Rep. Peter Hoekstra [R, MI-2]
Rep. Duncan Hunter [R, CA-52]
Rep. Bob Inglis [R, SC-4]
Rep. Timothy Johnson [R, IL-15]
Rep. Walter Jones [R, NC-3]
Rep. Jim Jordan [R, OH-4]
Rep. Steve King [R, IA-5]
Rep. Jack Kingston [R, GA-1]
Rep. Mark Kirk [R, IL-10]
Rep. John Kline [R, MN-2]
Rep. Joseph Knollenberg [R, MI-9]
Rep. John Kuhl [R, NY-29]
Rep. Ray LaHood [R, IL-18]
Rep. Doug Lamborn [R, CO-5]
Rep. Thomas Latham [R, IA-4]
Rep. Steven LaTourette [R, OH-14]
Rep. Jerry Lewis [R, CA-41]
Rep. Ron Lewis [R, KY-2]
Rep. John Linder [R, GA-7]
Rep. Frank LoBiondo [R, NJ-2]
Rep. Frank Lucas [R, OK-3]
Rep. Connie Mack [R, FL-14]
Rep. Donald Manzullo [R, IL-16]
Rep. Thaddeus McCotter [R, MI-11]
Rep. James McCrery [R, LA-4]
Rep. Patrick Mchenry [R, NC-10]
Rep. John McHugh [R, NY-23]
Rep. John Mica [R, FL-7]
Rep. Candice Miller [R, MI-10]
Rep. Gary Miller [R, CA-42]
Rep. Jeff Miller [R, FL-1]
Rep. Jerry Moran [R, KS-1]
Rep. Tim Murphy [R, PA-18]
Rep. Sue Myrick [R, NC-9]
Rep. Thomas Petri [R, WI-6]
Rep. Joseph Pitts [R, PA-16]
Rep. Todd Platts [R, PA-19]
Rep. Ted Poe [R, TX-2]
Rep. James Ramstad [R, MN-3]
Rep. Ralph Regula [R, OH-16]
Rep. Dennis Rehberg [R, MT-0]
Rep. Rick Renzi [R, AZ-1]
Rep. Michael Rogers [R, AL-3]
Rep. Michael Rogers [R, MI-8]
Rep. Dana Rohrabacher [R, CA-46]
Rep. Peter Roskam [R, IL-6]
Rep. Ileana Ros-Lehtinen [R, FL-18]
Rep. H. James Saxton [R, NJ-3]
Rep. Jean Schmidt [R, OH-2]
Rep. John Shadegg [R, AZ-3]
Rep. Adrian Smith [R, NE-3]
Rep. Mark Souder [R, IN-3]
Rep. Clifford Stearns [R, FL-6]
Rep. Lee Terry [R, NE-2]
Rep. Patrick Tiberi [R, OH-12]
Rep. Michael Turner [R, OH-3]
Rep. Frederick Upton [R, MI-6]
Rep. Timothy Walberg [R, MI-7]
Rep. Zach Wamp [R, TN-3]
Rep. David Weldon [R, FL-15]
Rep. Lynn Westmoreland [R, GA-3]
Rep. Edward Whitfield [R, KY-1]
Rep. Addison Wilson [R, SC-2]
Rep. C. W. Bill Young [R, FL-10]

Close

Others Voting 'Nay'

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Close

Democrats Voting 'Abstain'

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Rep. F. Allen Boyd [D, FL-2]
Rep. Russ Carnahan [D, MO-3]
Rep. Brad Ellsworth [D, IN-8]
Rep. Tim Holden [D, PA-17]
Rep. Darlene Hooley [D, OR-5]
Rep. Stephanie Jones [D, OH-11]
Rep. James McDermott [D, WA-7]
Rep. Frank Pallone [D, NJ-6]
Rep. Charles Rangel [D, NY-15]
Rep. John Salazar [D, CO-3]
Rep. Loretta Sanchez [D, CA-47]
Rep. Diane Watson [D, CA-33]
Rep. Lynn Woolsey [D, CA-6]

Close

Republicans Voting 'Abstain'

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Rep. Richard Baker [R, LA-6]
Rep. James Barrett [R, SC-3]
Rep. Rob Bishop [R, UT-1]
Rep. John Carter [R, TX-31]
Rep. Barbara Cubin [R, WY-0]
Rep. Jo Ann Davis [R, VA-1]
Rep. Kay Granger [R, TX-12]
Rep. J. Dennis Hastert [R, IL-14]
Rep. Kenny Hulshof [R, MO-9]
Rep. Bobby Jindal [R, LA-1]
Rep. Samuel Johnson [R, TX-3]
Rep. Ronald Paul [R, TX-14]
Rep. Steven Pearce [R, NM-2]
Rep. Charles Pickering [R, MS-3]
Rep. Dave Reichert [R, WA-8]
Rep. Thomas Reynolds [R, NY-26]
Rep. Edward Royce [R, CA-40]
Rep. Christopher Shays [R, CT-4]
Rep. John Shimkus [R, IL-19]
Rep. John Sullivan [R, OK-1]
Rep. Thomas Tancredo [R, CO-6]
Rep. James Walsh [R, NY-25]
Rep. Gerald Weller [R, IL-11]
Rep. Donald Young [R, AK-0]

Close

Others Voting 'Abstain'

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Close

---

See Full Voting History (2 votes)Hide Voting History     Show All Actions (36 actions)Hide Actions

Voting History

Date	Chamber	Question	Aye	Nay	Result
September 07, 2007	House	H.R.1908 Patent Reform Act of 2007 On Passage: H R 1908 Patent Reform Act of 2007	220	175	Passed	See Vote
September 07, 2007	House	H.R.1908 Patent Reform Act of 2007 On Agreeing to the Amendment: Amendment 1 to H R 1908	263	136	Agreed to	See Vote

All Bill Actions

• Added to calendar on Sep 11, 2007: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 348..
• Sep 10, 2007: Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
• Sep 07, 2007: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1908.
• Sep 07, 2007: The Speaker designated the Honorable Hilda L. Solis to act as Chairwoman of the Committee.
• Sep 07, 2007: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 636 and Rule XVIII.
• Sep 07, 2007: Rule provides for consideration of H.R. 1908 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order againist consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. The resolution provides that the amendment in the nature of a substitute recommended by the Committee on the Judiciary, now printed in the bill shall be considered as an original bill.
• Sep 07, 2007: Considered under the provisions of rule H. Res. 636.
• Sep 07, 2007: The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 1908.
• Passed roll in the House on Sep 07, 2007. On passage Passed by recorded vote: 220 - 175 (Roll no. 863).
• Sep 07, 2007: The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
• Sep 07, 2007: The previous question was ordered pursuant to the rule.
• Sep 07, 2007: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1908.
• Sep 07, 2007: ORDER OF PROCEDURE - Mr. Rohrabacher asked unanimous consent that his requests for recorded votes on amendments numbered 2, 3 and 4 be withdrawn to the end that the amendments be considered as disposed of according to the voice votes taken in each instance. Agreed to without objection.
• Sep 07, 2007: DEBATE - Pursuant to the provisions of H. Res. 636, the Committee of the Whole proceeded with 10 minutes of debate on the Pence amendment.
• Sep 07, 2007: POSTPONED PROCEEDINGS - At the conclusion of debate on the Jackson-Lee (TX) amendment the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Rohrabacher demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
• Sep 07, 2007: DEBATE - Pursuant to the provisions of H. Res. 636, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson-Lee amendment.
• Sep 07, 2007: POSTPONED PROCEEDINGS - At the conclusion of debate on the Issa amendment the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Rohrabacher demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
• Sep 07, 2007: DEBATE - Pursuant to the provisions of H. Res. 636, the Committee of the Whole proceeded with 10 minutes of debate on the Issa amendment.
• Sep 07, 2007: POSTPONED PROCEEDINGS - At the conclusion of debate on the Issa amendment the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Rohrabacher demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
• Sep 07, 2007: DEBATE - Pursuant to the provisions of H. Res. 636, the Committee of the Whole proceeded with 10 minutes of debate on the Issa amendment.
• Sep 07, 2007: POSTPONED PROCEEDINGS - At the conclusion of debate on the Conyers amendment the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Berman demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
• Sep 07, 2007: DEBATE - Pursuant to the provisions of H. Res. 636, the Committee of the Whole proceeded with 20 minutes of debate on the Conyers amendment.
• Sep 07, 2007: Rule H. Res. 636 passed House.
• Sep 06, 2007: Rules Committee Resolution H. Res. 636 Reported to House. Rule provides for consideration of H.R. 1908 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order againist consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. The resolution provides that the amendment in the nature of a substitute recommended by the Committee on the Judiciary, now printed in the bill shall be considered as an original bill.
• Added to calendar on Sep 04, 2007: Placed on the Union Calendar, Calendar No. 200..
• Sep 04, 2007: Reported (Amended) by the Committee on Judiciary. H. Rept. 110-314.
• Added to calendar on Jul 18, 2007: Ordered to be Reported (Amended) by Voice Vote..
• Jul 18, 2007: Committee Consideration and Mark-up Session Held.
• May 16, 2007: Forwarded by Subcommittee to Full Committee by Voice Vote .
• May 16, 2007: Subcommittee Consideration and Mark-up Session Held.
• Apr 26, 2007: Subcommittee Hearings Held.
• Apr 20, 2007: Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
• Apr 18, 2007: Referred to the House Committee on the Judiciary.
• Apr 18, 2007: Sponsor introductory remarks on measure. (CR E773-775)
• Introduced on Apr 18, 2007.
• Apr 18, 2007: Introductory remarks on measure. (CR E773-775)

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Related Bills:

• S.1145
• H.Res.636

Related Issue Areas:

• Intellectual property
• Actions and defenses
• Administrative fees
• Administrative procedure
• 21 more
• Administrative remedies
• Budgets
• Civil procedure
• Claims
• Confidential communications
• Congressional reporting requirements
• Damages
• Department of Commerce
• Discovery (Law)
• Evidence (Law)
• Executive departments
• Government information
• Government paperwork
• Governmental investigations
• Inventions
• Inventors
• Jurisdiction
• Law
• Oaths
• Patent infringement
• Patents

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In the News

January 18, 2008 Patent reform debate heads to US Senate

The House voted 220 to 175 with 37 abstaining or not voting on HR 1908. Voting on the House bill generally tracked party lines with 73 percent of Democrats ...

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Source: EETimes.com

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November 04, 2007 Weakened patent protection ultimately will cost lives

While there is room for improvement in our nation's patent system, the Patent Reform Act of 2007 (HR 1908/S. 1145) would do much more harm than good. ...

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Source: phillyBurbs.com, PA

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November 02, 2007 Court Blocks New Patent Rule

The House has passed its version of the legislation, HR 1908. GSK also argued that the limit on the number of claims is unjust because companies are ...

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Source: FDA news (subscription), VA

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Blog Coverage

August 24, 2008 What is the Patent Reform Act of 2007?

The House of Representatives passed their version of the bill (HR 1908) on September 7, 2007, however the Senate version is still under consideration. Most recently, the Senate Committee on the Judiciary ordered a report on the bill, ...

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Source: Atlanta-Patent-Attorney.com

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August 17, 2008 Getting Your Patent. . .Consider This!

There are two very similar bills currently in process--one in the House (HR 1908) and one in the Senate Bill (S. 1145). In May, the Senate removed their bill from consideration from this session (although it could easily reemerge). ...

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Source: Your Business Wisdom

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August 02, 2008 Howard Berman and patent reform

... or how Berman reminded folks of how they might want to get other things done. See, for example, Did Howard Berman strong arm opponents of his patent reform bill, HR 1908? http://www.ipfrontline.com/depts/article.asp?id=14277&deptid=4.

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Source: ipbiz

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