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The America Invents Act: Lessons Learned

Explore the impact of the America Invents Act on innovation incentives, development costs, and product cycles. Learn about statutory systems, adaptability, and the challenges faced in the legislative process. Discover the good news of non-legislative solutions and the bad news of rent-seeking and special interest provisions.

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The America Invents Act: Lessons Learned

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  1. The America Invents Act: Lessons Learned Dan L. Burk Chancellor’s Professor of Law University of California, Irvine

  2. Innovation Incentives • Innovation Profiles • Development costs • Product cycles • Product characteristics • Statutory Systems • Technology specificity • General application • Adaptability

  3. Institutional Competence • Legislative Role • Broad delegation • Political Economy • Policy Setting • Judicial or Administrative • Application • “Policy Levers” • Dynamic accommodation

  4. American Invents Act • Long Gestation • Over seven years • Legislative impediments • Industry Specificity • Opposing Needs • Pharmaceuticals/biotech • Information technology • Non-legislative solutions

  5. The Good News • Non-legislative Solutions • Remedies • Patentability criteria • Judicial Procedure • Legislative Delegation • Patentable subject matter • Legislative Attention • Priority system • Administrative procedures

  6. The Bad News • Rent-Seeking • The “dog’s breakfast” • Special interest provisions • Sausage Making • Legislative compromises • First Inventor to Disclose • Neither familiar nor harmonized • Legislative Exhaustion

  7. Thank You Discussion Welcome

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