Patent Reform and Patent Totalitarianism

Touted as the most extensive revision of the patent law since 1952, the America Invents Act of 2011 was signed by the President on September 16. You might think in light of the celebration and rhetoric, that the Act was tackling the big problems such as patent trolls, broad and abstract patents, the billions squandered in the smartphone wars, or opportunistic litigation against users. You might think that. But you would be wrong.

A Not-So-Innovative Act...

...instead of providing alternatives to litigation as high-tech had asked, the Act adds a post-grant review process that must initiated within nine months. Similar opposition or invalidation proceedings have long been available in the European Patent Office and elsewhere...