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( James G. Mcewen ),( David S. Bloch ) 홍익대학교 법학연구소 2013 동북아법 Vol.7 No.-
It was hoped the Leahy-Smith American Invents Act (the “AIA”), in combination with legal decisions, would achieve a workable balance between the rights of inventors to protect their inventors and the rights of society to not be encumbered with invalid patents and vexatious patent plaintiffs. However, there remains a concern that certain classes of patent owners had adopted abusive patent litigation techniques that the AIA failed to mitigate. This has led Congress to consider another round of patent reform - this time aimed specifically at restricting the activities of non-practicing entities or “patent trolls.” Called the Innovation Act, H.R 3309, this article explores the significant provisions of the Innovation Act which focus on patent litigation issues along with a discussion on potential pitfalls of each section.
( James G. Mcewen ) 홍익대학교 법학연구소 2011 동북아법 Vol.5 No.-
In 2011 a simplified Patent Reform Act, which issued as the America Invents Act, get effects. The Patent Reform Act will reshape how U.S. patents are obtained, challenged, and valued in acquisition, licensing, and litigation settlement discussions. Perhaps most prominent of the changes introduced by the America Invents Act is section 3, which changed the law from first-to-invent to first-to-file - sort of. Under the new law, 35 U.S.C. § 102(a) was rewritten to have only two novelty parts that can be used to reject claims. New sections 35 U.S.C. §102(b) through (d) include four exceptions to these novelty parts. Two exceptions were designed to preserve the existing grace period, and two other exceptions broaden the patentability of patents for large patent holders. While the changes themselves are unlikely to increase jobs outside of the hiring of new patent examiners, these changes were long sought and represent an important step in harmonizing U.S. law with international standards. Also, these changes will create a great deal of uncertainty that will likely take years to sort out in the courts.