HR 6621 · 112th Congress · Commerce
To correct and improve certain provisions of the Leahy-Smith America Invents Act and title 35, United States Code.
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Introduced2
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EnactedLatest: Became Public Law No: 112-274.(2013-01-14)
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Plain Language Summary
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Amends the Leahy-Smith America Invents Act (AIA) to make technical changes regarding the transitional program for covered business method patents and joinder of parties. Applies, to any civil action commenced on or after enactment of this Act, the AIA's bar on using an accused infringer's failure to obtain the advice of counsel to prove that any infringement was willful or induced. (Currently, the bar would not take effect until one year after the AIA's enactment.) Prohibits a nine-month waiting period for inter partes review from applying to issuances of first-to-invent patents ineligible for post-grant review. (Currently, the remaining first-to-invent patents to be issued prior to the effective date of the new first-to-file patent system have no avenue for review during the first nine months because they must wait nine months for inter parties review and are ineligible for post-grant review.) Repeals a prohibition on the institution of post-grant review based on a request to cancel a claim in a reissue patent that is identical to or narrower than a claim in the original patent. (Currently, such reissue patents must wait nine months for inter parties review and are barred from pos…
Summarized by Claude AI · Non-partisan · For informational purposes only