Difference between revisions of "Leahy Smith America Invents Act"

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(New page: '''H.R.1249: Leahy Smith America Invents Act (2011)''' [http://www.uspto.gov/aia_implementation/bills-112hr1249enr.pdf] *A derivation proceeding is established to replace the interference...)
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Revision as of 16:04, 19 February 2016

H.R.1249: Leahy Smith America Invents Act (2011) [1]

  • A derivation proceeding is established to replace the interference proceeding currently employed by the USPTO
    • The purpose is to determine whether a claimed invention in an earlier filed application was derived from the later filed application
  • Transitions from First to Invent patent system to system where priority is given to first inventor to file a patent application
  • Patent Office itself can rule on egregious claims, throwing them out before defendants are forced to go through the pain and expense of a full trial [2]