Patent Powers

Harvard Journal of Law and Technology, Vol. 25, 2012

SMU Dedman School of Law Legal Studies Research Paper No. 83

65 Pages Posted: 8 Nov 2011 Last revised: 21 Mar 2013

Sarah Tran

Southern Methodist University - Dedman School of Law

Date Written: October 21, 2011

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.

Keywords: America Invents Act, rulemaking, patent law, authority, reform

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: https://ssrn.com/abstract=1947517 or http://dx.doi.org/10.2139/ssrn.1947517

Sarah Tran (Contact Author)

Southern Methodist University - Dedman School of Law

3315 Daniel
Dallas, TX 75205
United States

HOME PAGE: http://www.law.smu.edu/Faculty/Full-Time-Faculty/Tran.aspx

Paper statistics

Downloads
530
Rank
41,048
Abstract Views
2,687