AIA business method provision sparks controversy in Congress
16 May 2012
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Eileen McDermott, New York
Members of Congress voiced concerns on Tuesday about the transitional business-methods programme mandated by the America Invents Act, calling it “gross unfairness” and special interest legislation
The first oversight hearing on implementation of the AIA included testimony by USPTO director David Kappos, intense questioning by members of the House and a panel of stakeholders representing various sectors.
To date, seven provisions of the AIA are already in effect, and notices of rulemaking have been published for nine others. The most controversial provisions – post grant review, inter partes review, transitional review for covered business methods and supplemental examination – are still being fleshed out in the notice and comment period. The final rules will be published by August 16 and will become effective September 16.
Some congress members voiced concern about the business methods review programme, which would allow business methods meeting certain criteria to be challenged and reviewed by the USPTO under a special process. The intent is to weed...
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