The Circuit: Senate passes patent reform, hearing on net neutrality, Europe grapples with cookie law

LEADING THE DAY: The Senate passed a comprehensive patent reform bill in a 95-5 vote on Tuesday. The America Invents Act, among other changes, reworks the U.S. patent system to operate on a first-to-file system rather than the current first-to-invent system. It also changes the law to allow the patent office to set its own fees and to keep any fees it collects in excess of its budget for its own spending. In the past, excess fees from the patent office were given to the U.S. Treasury. The new patent system brings the United States more in line with the rest of the world. The bill had the support of many of the larger technology companies, such as IBM, but drew dissent from others including Apple, Adobe and Intel, which said the legislation did not do enough to stem litigation. Other critics, including many smaller companies in Silicon Valley, worry that the first to file system will promote a “race to the patent office” and increase the backlog of patents to be processed, a number that currently sits at 700,000.

Sen. Patrick Leahy (D-Vt.), the main sponsor of the bill, said in a news release, “The America Invents Act will promote American innovation, create American jobs and grow America’s economy, all without spending a penny of taxpayer money. It is commonsense legislation that will help preserve America’s position as the global leader in invention and innovation.” He urged the House to pass the bill quickly