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Intellectual Property Law

The Catholic University of America, Columbus School of Law

2018

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The Past, Present, And Future Of The U.S. Patent System, Megan M. La Belle Jan 2018

The Past, Present, And Future Of The U.S. Patent System, Megan M. La Belle

Scholarly Articles

This essay discusses the evolution of the U.S. patent system over the past decade. It explains how various rules established by the U.S. Court of Appeals for the Federal Circuit, the appellate court with exclusive jurisdiction over patent cases, created an environment that heavily favored patent owners and disadvantaged accused infringers. In response, Congress and the courts set out to reform our patent system and implemented a host of changes, most notably the passage of comprehensive legislation known as the America Invents Act (AIA) in 2011. Since the AIA, the patent system in the U.S. has certainly changed. Indeed, some …