Leahy Smith America Invents Act
Revision as of 17:35, 19 February 2016 by imported>Albert
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]