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The America Invents Act: Lessons Learned

The America Invents Act: Lessons Learned. Dan L. Burk Chancellor’s Professor of Law University of California, Irvine. Innovation Incentives. Innovation Profiles Development costs Product cycles Product characteristics Statutory Systems Technology specificity General application

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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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