Shame on the AIA.
By Erik J. Heels
First published 12/17/2016; ErikJHeels.com; publisher: GiantPeople.
The Leahy–Smith America Invents Act (AIA) is the worst thing to happen to US patent law ever. This self-serving PR piece by the USPTO is an embarrassment:
* Director’s Forum: A Blog from USPTO’s Leadership (2016-09-26)
Commemorating Five Years of the America Invents Act.
Since its founding in the Venetian Patent Act of 1474, modern patent law had been largely uncorrupted by lobbying until the AIA was enacted in 2011. Over 527 years of common law tradition down the drain in one fell swoop (meaning that patent legislation had previously primarily been a codification of common law).
I have no doubt that the AIA “re-formed” patent law, but I strongly disagree that it “reformed” it. China is the world’s most populous nation, yet we do not “harmonize” our civil rights laws with theirs. Why then, did we seek to “harmonize” US patent law (formerly the best in the world) with European patent law (a distant second)?
#chicanery #shame #tomfoolery
For a more disciplined, logical, and reasoned view of patent law, see:
- The Who, What, Where, When, Why, And How Of Patents (2014-03-12)
Patent law in plain English. But not in that order.
- Beware Of Patent Reform (2013-03-06)
Goodbye first-to-invent, hello first-inventor-to-file.
- Men Of Great Genius: Venetian Senate, Patent Act of 1474 (2011-04-11)
All modern patent statutes are derived from the Venetian Patent Act of 1474.
- A Mere Mortal’s Guide To Patents Post-Bilski (Or Why §101 Is A Red Herring) (2010-07-09)
It don’t mean a thing if it ain’t got that swing.
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