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Patent Reform Act of 2006

Read twice and referred to the Committee on the Judiciary.

Official summary

Version 00 · Introduced in Senate · Aug 3, 2006

Patent Reform Act of 2006 - Modifies conditions under which a patent may be obtained for an invention or discovery, including by: (1) defining "inventor" to include a joint inventor and coinventor; (2) making the effective filing date of a claimed invention the filing date of the patent or the patent application; and (3) revising procedures for patent interference disputes.

Renames the Board of Patent Appeals as the Patent Trial and Appeal Board. Revises provisions relating to the Board's composition, duties, and authorities.

Revises requirements for an inventor's oath or declaration to allow substitute statements in specified circumstances (e.g., death, disability) and supplemental and corrected statements.

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Allows a third party assignee (other than the inventor) or a person with a proprietary interest to file a patent application.

Modifies provisions relating to patent infringement litigation to: (1) allow increased damages for willful infringement; (2) grant attorney fees to a prevailing party in patent infringement litigation (unless the position of nonprevailing party is substantially justified); (3) specify permitted grounds for unenforceability of a patent; and (4) expand the prior user defense.

Allows a person who is not the patent owner to file a petition with the Patent Trial and Appeal Board to cancel a patent as invalid (post-grant review). Sets forth procedures for the consideration of such petitions.

Allows third parties to submit documents relevant to the examination of a patent application.

Revises venue requirements for civil patent actions to allow actions to be brought in the judicial district where either party resides (currently, where the defendant resides).

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Who introduced it

Sen. Hatch, Orrin G. [R-UT] · R–UT

Committees

  • Judiciary Committee
1 cosponsorship records, including any withdrawals

Actions

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  1. Read twice and referred to the Committee on the Judiciary.

  2. Sponsor introductory remarks on measure. (CR S8829-8832)

  3. Introduced in Senate

Bill text & related measures

Text links open the official source. We currently store references to these documents.

Related bills identified by Congress.gov

Source last updated: Aug 10, 2026. Consult Congress.gov for the current record.

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