Thought Leadership
Axinn IP Update: Proposed Legislation Aims at "Restoring the America Invents Act"
October 5, 2021
Joshua S. Reisberg, Rebecca L. Clegg, and Christopher M. Gallo, PhD
Axinn Update

Last Wednesday (10 years after the America Invents Act (AIA) was enacted), Senators Leahy (D-VT) and Cornyn (R-TX) introduced the Restoring the America Invents Act (RAIA), which, if enacted, would change IPR practice in numerous key respects. The provisions of the RAIA, in large part, are mostly pro-petitioner. Some patent owner stakeholders have panned the legislation as heavily one-sided, claiming that revisions would lead to duplicative procedures and increased costs. Others, like Unified Patents (whose business involves mainly challenging patents), tout the new legislation as "limited and reasonable." Summarized below are the four main areas of proposed changes to IPR practice in the RAIA:

Patent reform is notoriously difficult to enact in part because different industries (e.g., high-tech versus life sciences) often have diametrically opposed interests. The road to enacting any patent reform is long and winding, and we expect that changes to the current draft of the RAIA will be proposed. We will be following developments related to this proposed legislation closely.

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