The primary focus of this article is on but a few of the distinct representations reflected in the provisions of the Act and their implications as America Invents is phased in over the next eighteen months. These first three changes address (1) the backlog in the Patent Office by hiring additional examiners, (2) the elimination of the best mode requirement as a defense in an infringement action, (3) the expanding adjudicatory role of the Patent Office in supplemental reviews, derivation proceedings, intra partes review or a post-grant review relative to constitutional due process and separation of powers questions, and (4) the change from first inventor to first inventor to file.
Reis, Robert I.
"Smoke and Mirrors: America Invents Act 2011: A Chill in the Air,"
Akron Intellectual Property Journal: Vol. 6
, Article 3.
Available at: https://ideaexchange.uakron.edu/akronintellectualproperty/vol6/iss2/3