Abstract

http://ssrn.com/abstract=1947517
 
 

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Patent Powers


Sarah Tran


Southern 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

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Date posted: November 8, 2011 ; Last revised: March 21, 2013

Suggested Citation

Tran, Sarah, Patent Powers (October 21, 2011). Harvard Journal of Law and Technology, Vol. 25, 2012; SMU Dedman School of Law Legal Studies Research Paper No. 83. Available at SSRN: http://ssrn.com/abstract=1947517 or http://dx.doi.org/10.2139/ssrn.1947517

Contact Information

Sarah Tran (Contact Author)
Southern Methodist University - Dedman School of Law ( email )
3315 Daniel
Dallas, TX 75205
United States
HOME PAGE: http://www.law.smu.edu/Faculty/Full-Time-Faculty/Tran.aspx

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