The Senate passed the Patent Reform Act 95 to 5 on Tuesday night setting the wheels in motion for the nation's first major patent processing overhaul in more than 60 years.

The major component of the bill would modernize the U.S. patent system, moving it from a first-to-invent system to a first-to-file system. That change, aimed at reducing patent litigation costs, would bring the U.S. system in line with those of almost every other country in the world. The bill would also take measures to improve the operations of the U.S. Patent and Trade Office and to prevent the government from using the money collected to process patents from being used for other purposes.

ADVERTISEMENT
The patent bill has been pending before the Senate since last Monday but its progress was severely hampered as senators attempted to alter it with amendments that were not germane to the underlying legislation. It also experienced delays as the Senate wrestled with legislation to prevent a government shutdown.

Last week several Republican senators consumed hours of floor time as they attempted to attach an amendment to the bill that would express the "sense of the Senate" that the Constitution should be amended to force the government to balance the budget. That amendment was defeated by a two-vote margin.

The bill also survived an amendment offered by Sen. Dianne FeinsteinDianne Emiel FeinsteinGun proposal picks up GOP support Gingrich: Banning rapid fire gun modification is ‘common sense’ House bill set to reignite debate on warrantless surveillance MORE (D-Calif.) that would have stripped language switching the nation’s patent system to a “first-to-file” system, gutting the bill of one of its most fundamental actions. The Senate voted to table that measure 87-13.

Senate Judiciary Committee Chairman Patrick LeahyPatrick Joseph LeahyOvernight Regulation: Massachusetts AG sues Equifax | Trump weighs easing rules on gun exports | EPA nominee to fight worker safety rule in court Trump to ease rules on gun exports: report Overnight Defense: Senate passes 0B defense bill | 3,000 US troops heading to Afghanistan | Two more Navy officials fired over ship collisions MORE (D-Vt.), who managed the floor debate for the bill, often noted the slow progress the non-controversial bill was making through the upper chamber. Just minutes before the vote began an argument between party leadership on budget issues threatened the immediate future of the vote, causing Leahy to express some concern.

The Senate Judiciary Committee began considering several versions of the Patent Reform Act starting in 2005 but ran into opposition and various obstacles along the way.

The five no votes were cast by Sens. John Ensign (R-Nev.), Barbara BoxerBarbara BoxerTrump riles Dems with pick for powerful EPA job Pelosi's chief of staff stepping down Time is now to address infrastructure needs MORE (D-Calif.), Maria CantwellMaria Elaine CantwellUse tax reform to strengthen what’s working: The low-income housing tax credit Senate energy bill is misguided gift to Trump’s dirty fossil fuel agenda Help states solve their housing problems with the Affordable Housing Credit Improvement Act MORE (D-Wash.), Mike CrapoMichael (Mike) Dean CrapoLawmakers look to bypass Trump on North Korea sanctions Overnight Finance: What to watch for in GOP tax plan rollout | IRS sharing info with special counsel probe | SEC doesn't know full extent of hack | New sanctions target North Korean banks US Chamber opposes Trump's Export-Import Bank nominee MORE (R-Idaho) and Jim RischJames (Jim) Elroy RischRubio won't challenge colleague for Foreign Relations gavel Senate approves Trump's debt deal with Democrats Overnight Cybersecurity: Mueller impanels grand jury in Russia probe | Researcher who helped stop WannaCry attack detained | Audit finds OPM systems still at risk MORE (R-Idaho).

The bill will now be sent to the House for consideration. 

The Senate adjourned at 7:03 on Tuesday and is scheduled to return at 9:30 a.m. on Wednesday. At 10:40 a.m. some senators will gather in the chamber to proceed to the House for a joint-session of Congress in order to welcome Australia's Prime Minister Julia Gillard. Two budget votes are scheduled for 4 p.m.