Harvard Journal of Law and Technology, Vol. 25, 2012
65 Pages Posted: 8 Nov 2011 Last revised: 21 Mar 2013
Date Written: October 21, 2011
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.
Keywords: America Invents Act, rulemaking, patent law, authority, reform
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