Foley & Lardner LLP

Patent Reform Beyond the 2011 AIA

Foley’s IP attorneys and government affairs specialist help you influence and stay on top of patent reform in Congress, the USPTO, the Courts and across all 50 States. We are actively engaged in the full spectrum of patent reform advocacy and counseling ― including shaping legislation, participating in agency rulemaking, and advocating your position before the Supreme Court and Federal Circuit.

Patent reform did not end with the passage of the Leahy-Smith America Invents Act in 2011. A flurry of legislative, executive, and judicial activity continues in the wake of the AIA. The USPTO continues to implement the AIA through new rulemaking proposals. Courts are interpreting the AIA for the first time. Congress passed the Patent Law Treaties Implementation Act in 2012 and the AIA Technical Amendments Act in 2013, and has introduced dozens of bills intended to curb abusive patent litigation ― so called “patent troll” legislation. States across the country are enacting their own laws that target companies who send patent demand letters.

This page provides up-to-date information developed by Foley attorneys on patent reform bills, judicial interpretations, and rulemaking at the USPTO. For specific implementation steps for individual organizations, please contact Foley's Special Counsel Andrew S. Baluch, or consult with your Foley’s IP counselors. For blog discussions on this subject, please also visit the Patent Reform topic page of our PharmaPatents, Personalized Medicine Bulletin and IP Litigation Current blogs.