Amy Klobuchar: “we have heard also on the floor that there is, as Senator Hatch mentioned, strong support throughout the Senate for this…”

“we have heard also on the floor that there is, as Senator Hatch mentioned, strong support throughout the Senate for this change. In fact, Commerce Secretary Locke emphasizes that support in a column appearing in the Hill newspaper today. He states: [P]atent reform adopts the ``first-inventor-to-file'' standard as opposed to the current ``first-to-invent'' standard. First inventor to file is used by the rest of the world and would be good for U.S. businesses, providing a more transparent and cost-effective process that puts them on a level playing field. . . . I could not agree more. Small businesses, independent investors, and stakeholders across the spectrum support this important transition. I wish to mention one other aspect of this system. With the current first-to-invent system, when two patents are filed around the same time for the same invention, it also creates problems. It means the applicants must go through an arduous and expensive process called an interference to determine which applicant will be awarded the patent. Small inventors rarely, if ever, win interference proceedings because the rules for interferences are often stacked in favor of companies that can spend more money. We believe this needs to change.…”