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3 Okla. J.L. & Tech. 1 (2006-2007)

handle is hein.journals/okjolt3 and id is 1 raw text is: 3 OKLA. J. L. & TECH 29 (2006) http://www.okiolt org/ REFORMING THE PATENT SYSTEM: A CLOSER LOOK AT PROPOSED LEGISLATION @ 2006 D. Ward Hobson Jr. I. Introduction The U.S. Constitution authorizes Congress To promote the Progress of Science and the useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.' In accord with the Constitution, Congress has passed legislation to provide conditions for patentability. These conditions must be broad enough to encompass new technology but narrow enough to ensure that the exclusive monopoly awarded with a patent does not inhibit further innovation. Frustration over the U.S. patent system has been increasing in recent years. Many companies that rely on patent protection argue that reform is needed to address rising costs, the issuance of questionable patents, and uncertainty in litigation that inhibit their ability to innovate and compete. While these problems are not new, reform has been slow due to the various interests that the patent system affects. Recently, Congressman Lamar Smith of Texas introduced the Patent Reform Act of 2005 to amend title 35 of the United States Code. This relates to the procurement, enforcement, and validity of patents.2 This paper examines the purpose of the proposed reforms and their potential effect on the patent system. Part II discusses whether the U.S. should adopt a first to file system. Part III looks at the passage of questionable patents and the proposed post-grant review process. Part IV examines whether prior art should be limited to information that 1 U.S. CONST. art. I, § 8, cl. 8. 2 See Patent Reform Act of 2005, H.R. 2795, 109th Cong. (2005). 1

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