Last night, Senators Patrick Leahy (D-VT) and John Cornyn (R-TX) released the text of the “Restoring America Invents Act”, which is meant to “support American innovation and reduce litigation,” according to the headline of the senators’ joint statement on the legislation. Many in the patent community, however, are not as optimistic. As reported previously, the bill would essentially end discretionary denial practice under precedential Patent Trial and Appeal Board (PTAB) cases such as Apple Inc. v. Fintiv, Inc. and limit denial to petitions where “the same or substantially the same prior art or arguments previously were presented to the Office,” among other changes. Here is what a handful of stakeholders who have had a chance to review the bill had to say so far.
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