Last week, we discussed how the American Invents Act (AIA) supports innovators by establishing inventor-friendly patent laws here in the United States. To continue celebrating the first anniversary of AIA, consider how this 21st-century law has already changed the U.S. patent process for the better:
Despite the landmark changes contained in the AIA, there are currently in development some legislative proposals that if enacted could serve to undermine the gains of the Leahy Smith law by singling out certain types of patents for special types of validity challenges. This creates tension with longstanding principles of patent law that attempt to treat all fields of innovation equally and is of special concern of the biopharmaceutical sector whose products have all too often faced overseas IP laws that make innovation more difficult. As we celebrate the many laudable accomplishments of the America Invents Act, policy makers should focus on ways to strengthen, not weaken, intellectual property protection.