Difference between revisions of "Leahy Smith America Invents Act"

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The Leahy-Smith America Invents Act is a [http://www.edegan.com/wiki/index.php/Patent_Reform#Legislation_Considered_in_Previous_Congressional_Sessions patent reform act] proposed in a previous congressional session.
  
 
'''H.R.1249: Leahy Smith America Invents Act (2011)''' [http://www.uspto.gov/aia_implementation/bills-112hr1249enr.pdf]
 
'''H.R.1249: Leahy Smith America Invents Act (2011)''' [http://www.uspto.gov/aia_implementation/bills-112hr1249enr.pdf]

Revision as of 17:35, 19 February 2016

The Leahy-Smith America Invents Act is a patent reform act proposed in a previous congressional session.

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]