Rough Draft: Topic: Leahy-Smith America Invents Act 2012: Paradigm Shift

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ROUGH DRAFT

Topic: Leahy- Smith America Invents Act 2012: Paradigm shift

Submitted to: Dr. Geetika Walia


Submitted by: Shubham Tanwar
Roll no: 18020
Group no: 4
1. Introduction:

The Leahy–Smith America Invents Act (AIA) is a United States federal statute that was passed
by Congress and was signed into law by President Barack Obama on September 16, 2011. The
law represents the most significant legislative change to the U.S. patent system since the Patent
Act of 1952 and closely resembles previously proposed legislation in the Senate in its previous
session (Patent Reform Act of 2009). Its major goal is, of course, to improve the US patent
system.

2. A short history of multilateral harmonisation efforts:


As is well known, the move to create an international patent system began in the 19th century,
with the adoption of the Paris Convention for the Protection of Industrial Property (“Paris
Convention”) in 1883. In 1970, WIPO oversaw another major global effort: the adoption of
the Patent Cooperation Treaty (“PCT”).

3. Provisions:
• First-To-File Replaces First To Invent
• Grace Period
• Secrecy

3.1 Conforming features:


• Best mode
• False marking
• Filing by other than inventor
• Priority

• Micro-entity
4. The Global impact of The America Invents Act:

The America Invents Act creates an innovation-friendly, collaboration-friendly and


inventor-friendly patent system that will reduce costs, level the playing field for businesses
small and large, and spur economic growth. The new law enables a better-resourced
USPTO to grant patent rights with greater speed, predictability, clarity, and quality.

5. Interpreting the Leahy-Smith America Invents Act


6. Conclusion
7. Bibliography

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