220 Years of Patent Law Could Be Shelved

U.S. Rep. Don Manzullo (R-IL), a leader on patent reform issues, today called on House leaders to shelve a controversial “patent reform” bill working its way through Congress in lieu of a U.S. Supreme Court decision today that upends the basic premise of the bill.

In a 7-2 decision today for respondents in a patent infringement suit, Supreme Court Chief Justice John Robert wrote, “Since 1790, the patent law has operated on the premise that rights in an invention belong to the inventor.” Later in the opinion, Roberts added, “Although much in intellectual property has changed in the 220 years since the first Patent Act, the basic idea that inventors have the right to patent their inventions has not.”

The main premise of the America Invents Act (HR 1249) that was approved by the House Judiciary Committee last month and could be on the House floor for a vote next week, is to switch America’s patent system from a “first to invent” system to a “first to file” system.

“In its ruling today, the Supreme Court reaffirmed 221 years of U.S. patent law that gives inventors the right to patent their products. As I have maintained, this ‘first to invent’ system that has served America well for generations should stand in our patent law,” Manzullo said. “Unfortunately, HR 1249 aims to strip these rights from American inventors by instituting a ‘first to file’ system. Today’s ruling by the Supreme Court affirms ‘first to invent’ and indicates HR 1249 would not pass constitutional muster. I encourage House leaders to shelve this bill and work with me and others on true patent reform that will help spur innovation and create American jobs.”