Are Patents Public or Private Rights?

The Leahy–Smith America Invents Act (AIA), passed by Congress September, 16, 2011, introduced noteworthy amendments to the existing United States patent system, including transitioning from first-to-invent to first-to-file priority; assignee filing; prohibiting patents for human organisms; creating a new definition of prior art under § 102; and introducing and changing several post-grant review proceedings.

While the Act has been met with cheers by those who tout its passage—it makes prosecuting patents more efficient, purportedly reduces patent litigation and keeps the United States technologically competitive—it has also been met by others with concern,