Tag Archives: Submarine Patent

HR 6621 (introduced by Representative Lamar Smith on November 30, 2012) proposes several changes “[t]o correct and improve certain provisions of the Leahy-Smith America Invents Act,” but also includes provisions that would effectively eliminate the term of any pending patent applications that were filed before June 7, 1995 (“pre-GATT applications”). While pre-GATT applications present serious problems, the solution offered in HR 6621 raises its own issues. Rather than eviscerating the terms of pre-GATT patents, Congress should consider less drastic measures, such as compulsory publication and accelerated examination. Continue reading this entry