Toward a System of Invention Registration: The Leahy-Smith America Invents Act

10 Pages Posted: 18 Nov 2011 Last revised: 11 Mar 2013

Jason Rantanen

University of Iowa - College of Law

Lee Petherbridge

Loyola Law School Los Angeles

Date Written: November 17, 2011

Abstract

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.

Keywords: Patent Law, America Invents Act, Law and Economics, Patent System, Patent Amnesty, Competition, Innovation, Information, Patent Act

Suggested Citation

Rantanen, Jason and Petherbridge, Lee, Toward a System of Invention Registration: The Leahy-Smith America Invents Act (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. Available at SSRN: https://ssrn.com/abstract=1961173

Jason Rantanen

University of Iowa - College of Law ( email )

Melrose and Byington
Iowa City, IA 52242
United States

Lee Petherbridge (Contact Author)

Loyola Law School Los Angeles ( email )

919 Albany Street
Los Angeles, CA 90015-1211
United States
213-736-8194 (Phone)
213-380-3769 (Fax)

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