Background on H.R. 1249, the America Invents Act: On September 16, President Obama signed into law the Leahy-Smith America Invents Act (H.R. 1249), a bipartisan, bicameral bill that updates our patent system to encourage innovation, job creation and economic growth. Both Houses of Congress overwhelmingly supported the proposal, which was sponsored by House Judiciary Committee Chairman Lamar Smith (R-Texas). The House of Representatives passed H.R. 1249 by a vote of 304-117 earlier this year. The Senate passed the bill by a vote of 89-9. Senator Patrick Leahy (D-Vermont) partnered with Chairman Smith on the legislation. Congressman Smith led the House efforts on patent reform for more than six years.
Much-needed reforms to our patent system are long overdue. The last major patent reform was nearly 60 years ago. Since then, U.S. innovators have developed cell phones and launched the Internet. And yet the laws protecting the technologies of today are stuck in the past.
Our outdated patent system has been a barrier to innovation, unnecessarily delaying American inventors from marketing new products and creating jobs for American workers. It takes over three years to get a patent approved in the U.S. American innovators are forced to wait years before they can hire workers and market their inventions. Meanwhile, our competitors are busy developing new products that expand their businesses and grow their economies. This year, for the first time, China is expected to become the world’s number one patent publisher, surpassing the U.S. and Japan in the total and basic number of patents. We cannot expect America’s innovators and job creators to keep pace with the global marketplace with the patent system of the past. We need a system that ensures patent certainty, approves good patents quickly and weeds out bad patents effectively.
The Leahy-Smith America Invents Act is one of the most significant job creation bills enacted by Congress this year. The Act implements a first-inventor-to-file standard for patent approval, creates a post-grant review system to weed out bad patents, and helps the Patent and Trademark Office (PTO) address the backlog of patent applications. The enactment of H.R. 1249 is a victory for America’s innovators and job creators who rely on our patent system to develop new products and grow their businesses. The America Invents Act brings our patent system into the 21st century, reducing frivolous litigation while creating a more efficient process for the approval of patents. These reforms will help the innovators and job creators of today launch the products and businesses of tomorrow.
Bill Information
Bill Text
Smith Manager's Amendment - Updated as of June 20
Statement of Administration Policy
H.R. 1249 One-Page Bill Summary
H.R. 1249 One-Page Bill Summary - Constitutionality
H.R. 1249 One-Page Bill Summary - Job Creation
Comparison of Key Provisions of S. 23 and H.R. 1249
Committee Report
Press Resources
President signs patent reform into law (with photo)
House Passes Smith's Patent Reform Bill
House Adopts Smith Manager’s Amendment
Floor Statement of Judiciary Committee Chairman Lamar Smith
H.R. 1249, the "America Invents Act"
Committee Approves Patent Reform Proposal
Patent Reform Agreement Ends Fee Diversion, Preserves Oversight
Patent Reform Bill Heads to House Floor
H.R. 1249 Talking Points
Approve Legislation and Keep Section 18 (Roll Call) - June 22, 2011
Patent reform is long overdue (The Hill) - June 21, 2011
The importance of patent reform (Politico) - June 15, 2011
Achieving patent reform (Austin American-Statesman) - April 24, 2011
Pass patent reform to create jobs (Politico) - March 30, 2011
Meaningful patent reform a must (Politico) - February 11, 2011
Dear Colleague Letters
Rep. Grimm Dear Colleague Letter - June 22, 2011
New Democrat Coalition Dear Colleague Letter - June 21, 2011
Rep. Issa, Rep. Jordan and Rep. Chabot Dear Colleague Letter - June 21, 2011
Judiciary Committee Dear Colleague Letter - June 1, 2011
Judiciary Committee Dear Colleague Letter - May 23, 2011
Legal Analysis
McConnell Letter - June 16, 2011
Attorney General Mukasey Letter
Dinh:Constitutional Analysis Letter
Dinh:Constitutional Analysis Memo
Dinh:Constitutional Analysis Response
McConnell:Post-grant Review Proceedings and Business Method Patents Letter
Timothy Holbrook and Mark D. Janis Letter
Statements of Support
Biotechnology Industry Organization (BIO) Statement - June 21, 2011
IBM Statement - June 21, 2011
Coalition for 21st Century Patent Reform Statement - June 21, 2011
Coalition for 21st Century Patent Reform and Innovative Alliance Statement - June 13, 2011
California Healthcare Institute
Letters of Support
List of Supporters of H.R. 1249
DuPont - July 6, 2011
Integrated DNA Technologies - June 30, 2011
Red Hat, Inc. - June 30, 2011
Information Technology Industry Council - June 30, 2011
Small Business & Entrepreneurship Council - June 29, 2011
Procter & Gamble - June 29, 2011
Illinois Tool Works (ITW) - June 29, 2011
American Bankers Association, American Council of Life Insurers, American Financial Services Association, American Insurance Association, The Clearing House Association, Consumer Bankers Association, Credit Union National Association, The Financial Services Rountable, The Independent Community Bankers of America, Mortgage Bankers Association, National Association of Mutual Insurance Companies, Property Casualty Insurers Association of America, Securities Industry and Financial Markets Association - June 29, 2011
Business Software Alliance - June 29, 2011
Small Business & Entrepreneurship Council - June 29, 2011
Yale University - June 28, 2011
IBM - June 28, 2011
Corning Incorporated - June 28, 2011
Coalition for Patent Fairness - June 27, 2011
Association of American Universities, American Council on Education, Association of American Medical Colleges, Association og Public and Land-grant Universities, Association of University Technology Managers, COuncils on Governmental Relations - June 27, 2011
Independent Inventor support letter – Louis Foreman - June 25, 2011
The Coalition for 21st Century Patent Reform - June 24, 2011
American Bankers Association, American Council of Life Insurers, American Financial Services Association, American Insurance Association, The Clearing House Association, Consumer Bankers Association, Credit Union National Association, The Financial Services Rountable, The Independent Community Bankers of America, Mortgage Bankers Association, National Association of Mutual Insurance Companies, Property Casualty Insurers Association of America, Securities Industry and Financial Markets Association - June 23, 2011
National Association of Manufacturers - June 22, 2011
U.S. Chamber of Commerce - June 22, 2011
Partnership for New York City - June 21, 2011
American Institute of Certified Public Accountants, Consumer Action, National Association of Enrolled Agents, Financial Planning Association, Tax Justice Network USA, Partnership for Philanthropic Planning, Certified Financial Planner Board of Standards, Inc., American College of Trust and Estate Counsel, Citizens for Tax Justice and USPIRG - June 21, 2011
Coalition for 21st Century Patent Reform Statement - June 21, 2011
National Retail Foundation - June 21, 2011
Financial Services Roundtable - June 21, 2011
National Association of Manufacturers - June 20, 2011
National Association of Realtors - June 20, 2011
Kodak - June 15, 2011
U.S. Chamber of Commerce - June 14, 2011
American Bankers Association,
American Council of Life Insurers,
American Financial Services Association,
American Insurance Association,
The Clearing House Association,
Consumer Bankers Association,
Credit Union National Association,
The Financial Services Roundtable,
The Independent Community Bankers of America,
Mortgage Bankers Association,
National Association of Mutual Insurance Companies,
Property Casualty Insurers Association of America,
Securities Industry and Financial Markets Association - June 14, 2011
Information Technology Industry Council - June 14, 2011
Biotechnology Industry Organization - June 14, 2011
Association of American Universities, American Council on Education, Association of American Medical Colleges, Association of Public and Land-grant Universities - June 14, 2011
FRC Action - June 14, 2011
Susan B. Anthony List - June 14, 2011
Business Software Alliance - June 13, 2011
Pharmaceutical Research and Manufacturers of America - June 13, 2011
General Counsels' Letter of Support for Fee Diversion Provision - June 13, 2011
International Trademark Association (INTA) - June 13, 2011
Mass Industry Letter - June 13, 2011
Coalition for Patent Fairness - June 13, 2011
Texas Society of Certified Public Accountants - June 13, 2011
Texas Instruments Incorporated - June 13, 2011
American Bar Association - June 13, 2011
The National Treasury Employees Union - June 8, 2011
Facebook - June 1, 2011
Presidents of the University of Michigan, University of North Carolina, Chapel Hill, Stanford University, University of Texas Austin, and Yale University - May 27, 2011
Independent Inventor support letter – Louis Foreman - May 4, 2011
Small Business & Entrepreneurship Council - April 25, 2011
Financial Services Roundtable (FSR), the American Insurance Association (AIA), The Independent Community Bankers of America (ICBA), the Securities Industry and Financial Markets Association (SIFMA), and the American Bankers Association (ABA) - April 14, 2011
American Institute of CPAs - April 13, 2011
SAS Institute - April 5, 2011
Independent Inventors
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