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Patent PowersSarah TranSouthern Methodist University - Dedman School of Law October 21, 2011 Harvard Journal of Law and Technology, Vol. 25, 2012 SMU Dedman School of Law Legal Studies Research Paper No. 83 Abstract: In September of 2011, the Leahy-Smith America Invents Act instituted historic and sweeping reforms to the patent system. This Article provides the first comprehensive analysis of how this Act fundamentally transforms the U.S. Patent and Trademark Office’s authority as well as the power dynamic between the courts and the Agency. In light of the need for a new structure for judicial review, it develops a normatively attractive framework that could promote agency accountability, certainty, and the separation of powers. The Appendix to this Article includes a user-friendly chart of all of the Patent and Trademark Office's new rulemaking powers.
Number of Pages in PDF File: 65 Keywords: America Invents Act, rulemaking, patent law, authority, reform Accepted Paper SeriesDate posted: November 8, 2011 ; Last revised: March 21, 2013Suggested CitationContact Information
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