Innovation Act of 2013

The patent-related news corners of the internet have been busy discussing the Innovation Act of 2013 [pdf] for the past few days. The objective of the Act seems to be to ‘kill trolls’ through changes such as requiring particular pleading of the alleged infringement in complaints, limiting discovery in infringement cases until claim construction has been completed, and making the losing party responsible for the prevailing party’s attorney fees more often. The conventional wisdom is that these proposals will pass in some form. While the proposed changes have far more to do with patent litigation than patent prosecution, anything that changes how patents are used should be considered in the process of obtaining patents.