Leahy Smith America Invents Act

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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]