Leahy-Corbin Proposals for “Restoring the America Invents Act,” PTAB Litigation Blog

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We recently reported on bipartisan legislation introduced by Senators Patrick Leahy (D) and John Cornyn (R) to significantly revamp certain features of the America Invents Act (AIA), ten years after its debut.  This proposed legislation, entitled the “Restoring the America Invents Act,” seeks to curb the recent rise in discretionary denials at the PTAB, clarify procedures for review of decisions by the PTO Director, expand the grounds available for IPR review, address issues of standing for appellate review for certain petitioners, and prohibit the PTO from issuing claims that are not patentably distinct from invalidated claims, among other proposals.  We take a closer look at these and other proposed changes below.

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