From Coderights
The following is a very high level review of what I think are the most important revisions in the proposed Patent Reform Act of 2009. Of course, the bill remains just that (i.e., it has yet to become law).
First, the most important (from a bottom-line perspective) is probably the proposed changes to the way damages are calculated in litigation. My feeling is that the proposed changes will introduce a great deal of uncertainty in the royalties calculus.
Second, should the bill pass, it will include new limitations on what court you can file your claim in (i.e, venue). Up until recently, this would be significant because many cases were brought in the Eastern District of Texas (the rocket docket).
Third, once your patent is granted, the new bill will make it easier for someone else to successful pursue a cancellation petition.
Fourth, and very significantly, the proposed bill would make the United States a first to file system. That is, it wouldn’t matter when you actually invented, the first to actually get the application filed will win every time. I have issues with this from a theoretical perspective, but in practice, I think this is not the end of the world.
By the way, the foregoing is a summary from a Patently-O post. In that post, Mr. Crouch points out that these are the types of reforms Google would like very much to see. Don’t let Google’s goodwill throw you off. These reforms will continue to erode the value of the startup software company’s intellectual property portfolio. I suggest you call your representative and oppose it.
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