Building A Better Patent System

Law360, New York (December 15, 2017, 3:43 PM EST) -- Whether you love it or hate it, the America Invents Act, enacted in 2011, was a seminal piece of patent legislation in the United States. The AIA provided new procedures intended to allow challenges to improvidently granted patents in an administrative review that would be a quicker and cheaper alternative to litigating validity in federal district court.

The act also assigned the director of the United States Patent and Trademark Office significant authority to prescribe procedural regulations for the conduct of the administrative review. For example, 35 USC 316 requires the director of the USPTO to prescribe regulations on 13 separate...

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