Section 271(b) of the federal Patent Act is one of those statutes.
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Several Western pharmaceutical giants say India's 2005 Patent Act fails to guarantee the rights of investors who finance drug research and development.
The Plant Patent Act of 1930 was designed to encourage the cultivation of new varieties of plants by prohibiting competitors from cultivating the offspring of those plants without permission.
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In 2005, India amended its patent protection act to include such compounds.
Not only might the patentee inadvertently destroy his own patent, but his very act of making these kinds of statements could itself become a source of future litigation as accused infringers look for any misstatement.
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Lincolns motive in favoring the Homestead Act and the patent clause (and both together) was to prevent the West from being dominated by large estates and great landowners, so that it might become a society of many freemen and many practical, inventive minds.
Congress is currently working on a patent overhaul called the America Invents Act.
Growing militancy by technology companies, including those who are themselves beneficiaries of the patent system, may lead Washington to act.
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Ironically, another federal law the Hatch-Waxman Act inspires the type of patent suits to which The Times refers.
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However, that is set to change due to the America Invents Act (AIA), a sweeping patent reform bill signed into law by President Obama in September 2011.
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The Congress coming together on patent reform at the end of 2011, the JOBS Act in early April and (potentially) on extending low interest rates on student loans in coming days may seem like small potatoes, but these compromises can be confidence builders.
Congress recently passed (and the President signed into law) the America Invents Act, designed to both bolster the current patent system and harmonize it with other systems, but gains from steps like this are likely to be completely offset by the threat to innovators that our antitrust authorities now represent.
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But that points to a problem with the Hatch-Waxman Act, the U.S. law governing patent challenges.
One proposal addressing patent reform that is currently pending before Congress is the SHIELD Act, which was introduced by Representatives Peter DeFazio and Jason Chaffetz on August 1.
On September 16, President Obama signed into law the Smith-Leahy America Invests Act (AIA), the first significant change in patent law since 1952.
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The American patent system is undergoing a major shift thanks to the America Invents Act (AIA), which was signed into law by President Obama last September.
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The America Invents Act, signed into law in September, will transition the patent application process from the first-to-invent system, to the new first-to-file system.
These cases involve a complex web of federal laws and legal principles, including the patent system established under the Constitution, antitrust law, and the Hatch-Waxman Act, a 1984 law that was intended to give generic manufacturers an incentive to challenge patents.
In September 2011 Congress enacted the most significant patent reform legislation the nation has seen in 60 years, the Leahy-Smith America Invents Act.
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Government must act the part, as it has in the United States through necessary laws such as bankruptcy and patent rights, protections through courts, incentives such as tax abatements and enabling bodies such as the Small Business Administration.
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