America Invents, More or Less?

28 Pages Posted: 22 Feb 2012 Last revised: 4 Apr 2012

See all articles by Jason Rantanen

Jason Rantanen

University of Iowa - College of Law

Lee Petherbridge

Loyola Law School Los Angeles

Jay P. Kesan

University of Illinois College of Law

Date Written: April 3, 2012


In September 2011, President Obama signed the most significant patent law overhaul in decades, the America Invents Act. The central change of the Act is to shift patent rights from the first to invent to the first to file, but the act also provides immunity for claims that an inventor deceived the Patent Office if the invention is not patentable. Professor Petherbridge and Professor Rantanen take on these changes, arguing that despite the stated goal of the Act, to stimulate innovation and job creation in the American economy, the Act may well do just the opposite. In response, Professor Kesan examines other sections of the Act, arguing that they provide more reason to be optimistic, and questioning whether the reasons Professors Petherbridge and Rantanen are pessimistic truly can be evaluated without better empirical evidence.

Keywords: America Invents, Leahy-Smith Act, Patent Law, Patent Reform, Supplemental Examination, Post Grant Review, Small Inventors, Universities

Suggested Citation

Rantanen, Jason and Petherbridge, Lee and Kesan, Jay P., America Invents, More or Less? (April 3, 2012). University of Pennsylvania Law Review PENNumbra, Vol. 160, p. 229, 2012, U Iowa Legal Studies Research Paper No. 12-09, Loyola-LA Legal Studies Paper No. 2012-13, Illinois Program in Law, Behavior and Social Science Paper No. LBSS12-07, Illinois Public Law Research Paper No. 11-15, Available at SSRN:

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)

Jay P. Kesan

University of Illinois College of Law ( email )

504 E. Pennsylvania Avenue
Champaign, IL 61820
United States
217-333-7887 (Phone)
217-244-1478 (Fax)


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