InterDigital Inc (IDCC)

[IMMC1990]

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

Opponents of the Bill
contended that it will lead to results similar to other nations' patent systems on which the bill is modeled — market incumbents will become further entrenched, the rate of startup formation will fall to levels in other countries, and access to angel and venture capital will fall to the levels of other countries, as described in the Impact of the Changes section below. A startup that relies on patents for protection from competitive risk, would, under the AIA, lose the protections of the previous regime to assemble the capital, strategic partners, and time for R&D and testing. The startup, exposed to the risk of copying by an established player in the marketplace, will be unable to attract venture capital, and so will lack the financial resources necessary to commercialize the startup's invention and grow the company. The weakening of patent protection diminishes incentives for investments and development.

In addition, opponents of the bill
pointed out that the proposed revisions create greater options for accused infringers, and weaken the rights of patentees, and that patent reform should remain in the hands of the court system. Opponents argue that patent reform should be confined to administrative reforms at the USPTO.[24] The time, effort and money that will be spent after issuance under the AIA on inter partes review and post-grant review would be better spent improving initial examination.

According to patent attorney and reexamination specialist Taraneh Maghame, "the root of the problem trying to be addressed by the reexamination process could be better solved if quality patents are issued in the first instance."

https://en.wikipedia.org/wiki/Leahy%E2%80%93Smith_America_Invents_Act