Leahy Smith America Invents Act
Revision as of 16:04, 19 February 2016 by imported>Jackie (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...)
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]
