The Leahy-Smith America Invents Act (the "Act") is the most sweeping change to American Patent Law since the enactment of the current law in 1952.
The Act brings the United States closer to a European-style system by introducing a first to file system and a Post Grant Review process that is similar to Oppositions conducted in the European Patent Office.
The Act also includes several provisions addressing hot-button issues in litigation, including amending the joinder standard for joining defendants in a patent infringement action and eliminating qui tam false marking actions entirely.
Finally, the Act addresses other issues including United States Patent and Trademark Office ("PTO") funding, marking requirements, and the best mode requirement.
This paper looks at the more significant provisions of the Act and discusses some of the ramifications of those provisions. Other provisions are also summarized.
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