the United States Patent and Trademark Office. 35 USC 1 note. 35 USC 1 note. Leahy-Smith. America Invents. Act. Sept. 16, [H.R. ]. VerDate Nov On September 16, , the Leahy-Smith America Invents Act (H.R. ) was signed into law making significant changes to United States patent practice. PL –29 [HR ]. September 16, The Leahy–Smith America Invents Act (or “AIA”) is an Act by the U.S. Congress to provide for patent reform. The Act .
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Views Read Edit View history. Retrieved 10 feb Post Grant Review proceedings are to be conducted by the Patent Trial and Invengs Board, which will replace the Board of Patent Appeals inbents Interferences on September 16, for proceedings that commence on or after that date. Proponents of the bill argued that it may even the playing field by removing the tricks a well-funded infringer can currently use against a startup owning patented technology.
Proponents also argued that the Act provides numerous benefits to small businesses such as fast-track patent examination, fee reductions, and expanded prior user rights.
House Judiciary Committee
Proponents of the Bill argued that revision of both post grant opposition and interference will help US inventors. Relevant discussion may be found on the talk page. Office of the Clerk of the House of Representatives. They claimed that the Act would weaken patent protection only in America.
The startup, exposed to the risk of copying by an established player in the marketplace, will be unable to attract venture capital, and so will lack the financial resources necessary to commercialize the startup’s invention and grow the company. Retrieved September 20, The threat of reexamination is then used as leverage in licensing negotiations, intimidating patent-holders into settling out of court for lower amounts than those to which the value of their patents might entitle them.
Archived copy as title link. The Act retained existing ex parte reexamination ;  added preissuance submissions by third parties;  expanded inter partes reexamination, which was renamed inter partes review ;  and added post-grant review.
H.r.1429 of hiring more examiners to process this backlog, ” In Madstad Engineering Inc.
Leahy-Smith America Invents Act – Wikipedia
The House of Representatives passed their version of the Act H. Retrieved February 1, Critics argued that the AIA would prevent startup companies, a potent source of inventions, from raising capital and being able to commercialize their inventions.
The result was a muddle as well as a missed opportunity. In addition, opponents of the bill pointed out that the proposed revisions create greater options for accused infringers, and weaken the rights of patentees,    and that patent reform should remain in the hands of the court system.
Full Committee Markup of: H.R. 1249, the “America Invents Act”
It was found that the proposed new regime behaves more like a new and unique kind of patent system with characteristics of both the FTI and FTF regimes, rather than a harmonized system sharing characteristics of both.
Reportedly it has become ‘standard procedure’ that a defendant in patent litigation ‘take an aggressive stance by saying it plans to request a re-exam on the patent-in-suit or even all’ of the plaintiff’s patents. Critics pointed out that the new bill fails to address a glaring issue that will seemingly continue to exist under the new system: Retrieved December 1, Article of manufacture Composition of matter Machine Method.
Since the [AIA] no longer concerns itself with actual inventorship, the new law makes it attractive and profitable for computer hackers to steal IP and file it as their own or to sell it to the highest bidder.
Retrieved September 14, The law also notably expanded prior art to include foreign offers for sale and public uses. The Innovation Act would also change fee requirements, among other modifications, in order to make the plaintiff financially responsible for such attempts, which often are viewed as extortions rather than disputes of the patent claim based on technological considerations.
Archived from the original PDF on July 20, Some pointed out invsnts the changes switch the U.
Archived from the original PDF on October 8, Post Grant Review is available only if the challenger has not already initiated a civil action in District Court. Post Grant Review proceedings may be terminated either by settlement or by decision of the Board.
Needed Reform or Constitutional Blunder? Typically, an inventor will have a sufficient conception of the invention and funding to file a patent application only after receiving investment capital. Archived from the original PDF on September 30, Summer – Volume 2 – Issue 2 – p 39—42, http: Proceedings at the U. The issue is similar in the U.
Hearing on: H.R.1249, the “America Invents Act”
Please do not remove this message until conditions to do so are met. The weakening of patent protection diminishes incentives for investments and development. Many commenters raised the question of whether changing to FTF would be constitutional.
Retrieved Acr 20, Patent Office for resolving priority contests among near-simultaneous inventors who both file applications for the same invention ” interference proceedings ” were eliminated, because priority under the Act is determined based on filing date.
Proponents of the bill suggested that technology companies are subject to an unprecedented wave of patent lawsuits, stifling innovation and creating an overburdened and lethargic patent system.
Retrieved August 16, They warned that alleged infringers would simply file ex parte reexamination requests with USPTO, receive a final agency decision subject only to Federal Circuit review, essentially bypassing Federal courts.
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