Patent Reform Act clears the Senate

The Senate passed the Patent Reform Act 95 to 5 on Tuesday night setting the wheels in motion for the nation's first major patent processing overhaul in more than 60 years.

The major component of the bill would modernize the U.S. patent system, moving it from a first-to-invent system to a first-to-file system. That change, aimed at reducing patent litigation costs, would bring the U.S. system in line with those of almost every other country in the world. The bill would also take measures to improve the operations of the U.S. Patent and Trade Office and to prevent the government from using the money collected to process patents from being used for other purposes.

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The patent bill has been pending before the Senate since last Monday but its progress was severely hampered as senators attempted to alter it with amendments that were not germane to the underlying legislation. It also experienced delays as the Senate wrestled with legislation to prevent a government shutdown.

Last week several Republican senators consumed hours of floor time as they attempted to attach an amendment to the bill that would express the "sense of the Senate" that the Constitution should be amended to force the government to balance the budget. That amendment was defeated by a two-vote margin.

The bill also survived an amendment offered by Sen. Dianne FeinsteinDianne FeinsteinCelebrating the contributions of the National Park Service at its centennial France, Germany push for encryption limits Lochte apologizes for behavior in Rio MORE (D-Calif.) that would have stripped language switching the nation’s patent system to a “first-to-file” system, gutting the bill of one of its most fundamental actions. The Senate voted to table that measure 87-13.

Senate Judiciary Committee Chairman Patrick LeahyPatrick Leahy'CREATES Act' would only create more lawsuits Sanders, liberals press Obama to expand closure of private prisons Police union: Clinton snubbed us MORE (D-Vt.), who managed the floor debate for the bill, often noted the slow progress the non-controversial bill was making through the upper chamber. Just minutes before the vote began an argument between party leadership on budget issues threatened the immediate future of the vote, causing Leahy to express some concern.

The Senate Judiciary Committee began considering several versions of the Patent Reform Act starting in 2005 but ran into opposition and various obstacles along the way.

The five no votes were cast by Sens. John Ensign (R-Nev.), Barbara BoxerBarbara BoxerDem senator pushes EPA on asbestos regulations Trump was wrong: Kaine is a liberal in a moderate's clothing Feds weigh whether carbon pollution should be measured in highway performance MORE (D-Calif.), Maria CantwellMaria CantwellFeds crack down on coal cleanup financing Tim Kaine backs call to boost funding for Israeli missile defense Remembering small business during the presidential election MORE (D-Wash.), Mike CrapoMike CrapoGOP warming up to Cuba travel Ann Coulter: VP pick is Trump's first mistake Overnight Finance: Freedom Caucus moves to impeach IRS chief | Calls for US-UK trade talks | Clinton ally offers trade for Trump tax returns MORE (R-Idaho) and Jim RischJim RischResearch: Infrastructure systems easy to hack, a little slow to patch Republicans root for Pence as VP Senate votes for energy bill negotiations with House MORE (R-Idaho).

The bill will now be sent to the House for consideration. 

The Senate adjourned at 7:03 on Tuesday and is scheduled to return at 9:30 a.m. on Wednesday. At 10:40 a.m. some senators will gather in the chamber to proceed to the House for a joint-session of Congress in order to welcome Australia's Prime Minister Julia Gillard. Two budget votes are scheduled for 4 p.m.

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