Proposed Patent Quality Assistance Act of 2004

HR 5299 was introduced in the U.S. House of Representatives on October 8, 2004 by Rep Howard L. Berman of California. If enacted, the proposed legislation would, among other things,

• allow post-grant oppositions within nine months of issuance or six months of an infringement accusation
• provide for third party submissions of prior art within the earlier of six months after or mailing of a notice of allowance
• eliminate any presumption of irreparable harm for injunctive relief in patent infringement cases
• create a presumption of obviousness for certain business method inventions

According to the IPO, "The bill is not likely to be considered by the subcommittee this year."