UDPATE: Amendments defeated. Bill passed 89-9. It’s off to the President, who has said that he will sign it. However, this is hardly the end. New regulations will start pouring out of the PTO in the coming months.
The Senate is in its second day of considerations of the House version of the Smith-Leahy America Invents Act, H.R. 1249. Several amendments to it were offered, but only 3 amendments will be considered. 5 hours of debate is being allowed on those 3 amendments, starting today. Following disposition of the amendments, they are expected to vote on the bill. The three amendments relate to PTO funding, the transitional, post-grant review program for business method patents, and a change in how to calculate a time limit for application for extending the terms of patents covering drugs and medical devices under section 35 U.S.C. §156. Should the PTO funding amendment pass, it probably would kill the bill.
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