Patent Quality Assistance Act of 2004

Rep. Howard L. Berman (D. Calif.) recently introduced The Patent Quality Assurance Act (H.R. 5299) which would establish a European style post-grant opposition procedure. U.S. Patents carry a presumption of validity and "the burden of establishing invalidity of a patent or any claim thereof shall rest on the party asserting such invalidity."

This burden is places significant limitations on the rights of third parties to practice inventions that are claimed by patents of questionable validity. Patents are often granted in new or rapidly developing technologies because the U.S. Patent Office relies primarily on its established body of patents during examination.

Members of the nano–community should contact their respective Representatives to support H.R. 5299.