Patent Infringement Exemption for Research?

cheesedog writes "It has been said that 1/5th of all scientific research projects in the U.S. are currently being stifled by patent claims. Well, it looks like the Senate has taken notice, with a recent proposal that has made it into the PACE Education and Research Act that could extend an exemption from patent litigation for scientific research. The Act also proposes treating specialized industries (such as software and business methods) differently than traditional patent areas."

Comments

Finally

[i_should_be_working]

Finally, they are starting to recognize that patents can actually deter progress.

There's a geologist in my department who developed a technique for measuring earth density. This could be good for looking for oil or other valuables underground. He published his work, like all scientists. So some mining/prospecting company read up on it, patented a related method and then tried to stop him from doing any more research on it, lest he give away 'their' secrets to their competitors.

Insane.

Not a good thing

[Peyna]

First of all, the section dealing with patent reform actually doesn't change anything. It would just say that the Senate thinks Congress should enact legislation to make such changes.

However, I bring your attention to Sec. 321 (3) (A):

"Congress should implement comprehensive patent reforms that--
(A) establishes a first-inventor-to-file system"

While this would make the patent office's job easier (prior art is restricted to everything filed with them), it means that prior art that is not filed is no longer a defense.

First to file is not good. The research exception would be insignificant next to this change.