Proposed Patent Law Reform of 2005: Implications for Research Institutions. JUSTIN KNEITEL (University At Buffalo Buffalo, NY 14261) CHRISTINE BRAKEL (Brookhaven National Laboratory, Upton, NY, 11973)

Recently, reforming the U.S. patent system has become the subject of much discussion. The current system has changed little since 1952. Coupled with a recent increase in the types, volume and complexity of modern patents and patent applications, what were formerly minor or non-existent problems with U.S. patent law have since caused a great amount of difficulty for the USPTO, U.S. court system, and patent seekers alike. In response to this need for U.S. patent law to evolve, the Patent Reform Act of 2005 has been introduced. The effect the Patent Reform Act of 2005 will have on research institutions is greatly different from the effect it will have on corporations. This paper will discuss, in depth, the potential changes to procedure and practice that research institutions will have to make should the changes embodied in the Patent Reform Act of 2005 become part of U.S. patent law. While these reforms are generally held to be an overall benefit to corporations, the changes have potential to be detrimental to research institutions and their technology transfer missions.