Guide to History of America Invents Act

Joe Matal, Judiciary Committee Counsel to Senator Jon Kyl, recently published a comprehensive guide to the legislative history of the AIA in the Federal Circuit Bar Journal.  Part I addresses the portions of the AIA that relate to applications before a patent issues, while Part II deals with the portions that apply after a patent is granted.

Other Papers by Joe Matal

Part I of II

U.S. Senate, 2012; 21 Fed. Cir. B.J. 435 (2012)

Abstract:

The article examines the origins and the legislative commentary on the provisions of the Leahy-Smith America Invents Act, a comprehensive patent-reform law that was enacted on September 16, 2011. The AIA adopts the first-to-file system of patent priority, modifies the defintion of prior art, and creates several new post-issuance administrative proceedings and amends existing proceedings. Part I of the article focuses on the AIA's changes to sections 102 and 103 of title 35 and related issues. The article is organized by the sections of title 35 that are significantly amended by the AIA, and then by the uncodified sections of the AIA.

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2064740

Part II of II

U.S. Senate, 2012; 21 Fed. Cir. B.J. 539 (2012)

Abstract:

This article is the second in a two-part series examining the origins and the legislative commentary on the provisions of the Leahy-Smith America Invents Act. This second article addresses the AIA's enactment of a prior-user right, its repeal of the false-marking qui tam action and the best-mode defense and the 1952 Act's deceptive-intent restrictions, its authorization of supplemental examination and post-grant review of patents and special review of business-method patents, its revisions to inter partes proceedings, its limits on joinder of defendants and on use of evidence relating to advice of counsel, its authorization of virtual marking of patents, and its modification of the deadline for seeknig a patent-term extension. The article is organized by the sections of title 35 that are significantly amended by the AIA, and then by the uncodified sections of the AIA.

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2088887

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