A Guide to the Legislative History of the America Invents Act: Part II of II
United States Patent and Trademark Office; U.S. Senate
21 Fed. Cir. B.J. 539 (2012)
This article is the second in a two-part series examining the origins and the legislative commentary on the provisions of the Leahy-Smith America Invents Act. This second article addresses the AIA's enactment of a prior-user right, its repeal of the false-marking qui tam action and the best-mode defense and the 1952 Act's deceptive-intent restrictions, its authorization of supplemental examination and post-grant review of patents and special review of business-method patents, its revisions to inter partes proceedings, its limits on joinder of defendants and on use of evidence relating to advice of counsel, its authorization of virtual marking of patents, and its modification of the deadline for seeking a patent-term extension. The article is organized by the sections of title 35 that are significantly amended by the AIA, and then by the uncodified sections of the AIA.
Number of Pages in PDF File: 115
Keywords: law, patents, America Invents Act, business methods, post-grant review, inequitable conduct, marking, joinder
JEL Classification: O34
Date posted: June 21, 2012 ; Last revised: June 23, 2012