A Relook at Inventors’ Rights

Abstract

The Leahy-Smith America Invents Act, 2011 brought in significant changes that transformed the very basis of the patent system; this included the shift from first-to-invent system of priority to first-to-file system, and the elimination of inventor’s oath and declaration and the best mode defence. These changes are expected to achieve harmonization and simplify the patent administration system. This paper attempts to analyse whether administrative simplicity justifies protection of inventor rights under the current law. In the new system, t<span style="mso-bidi-font-weight:bold">he incentive/credit to inventors would be affected and the invention disclosure process rendered ineffective.

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