Toward a System of Invention Registration: The Leahy-Smith America Invents Act
University of Iowa - College of Law
Loyola Law School Los Angeles
November 17, 2011
Michigan Law Review First Impressions, Vol. 110, 2011
Loyola-LA Legal Studies Paper No. 2012-01
University of Iowa Legal Studies Research Paper No. 11-40
The recently enacted Leahy-Smith America Invents Act represents the most significant legislative event affecting patent law and practice in more than half a century. In addressing the AIA, scholars and policymakers have focused with an almost laser-like exclusivity on the AIA's imposition of a first-to-file or first-to-publicly-disclose system, which replaces an over 200-year-old first-to-invent tradition. This myopia, we suggest, overlooks a part of the AIA that could hold a substantially greater potential to jeopardize American innovation, job creation, and economic competitiveness: the imposition of a mechanism for supplemental examination.
Number of Pages in PDF File: 10
Keywords: Patent Law, America Invents Act, Law and Economics, Patent System, Patent Amnesty, Competition, Innovation, Information, Patent Act
Date posted: November 18, 2011 ; Last revised: March 11, 2013
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