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Abstract
The recently enacted Leahy-Smith America Invents Act (“AIA”) represents the most significant legislative event affecting patent law and practice in more than half a century. In addressing the AIA, scholars and policymakers have focused with an almost laser-like exclusivity on the AIA’s imposition of a first-to-file-or-first-to-publicly-disclose system, which replaces an over 200-year-old first-to-invent tradition. This myopia, we suggest, overlooks a part of the AIA that could hold a substantially greater potential to jeopardize American innovation, job creation, and economic competitiveness: the imposition of a mechanism for supplemental examination.
Recommended Citation
Jason Rantanen & Lee Petherbridge,
Toward a System of Invention Registration: The Leahy-Smith America Invents Act,
110
Mich. L. Rev. First Impressions
24
(2011).
Available at:
https://repository.law.umich.edu/mlr_fi/vol110/iss1/2