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Why the 2011 America Invents Act is Bad for Entrepreneurs, Bad for Startups, and Bad for America-and How to Fix It

June 2012
Intellectual PropertyBanking & Finance

Abstract

Now that the Leahy-Smith America Invents Act of 2011 (AIA) is law and is beginning to phase into effect, the patent community has begun to focus and understand what has happened. More and more attorneys are coming to recognize that the AIA will put entrepreneurs and startup companies in deep trouble. The reason? Despite recent data from the U.S. Census Bureau that shows that startups are responsible for all net job creation in the U.S. over the last 35 years, the AIA takes away much of the legal framework that allows American innovators—especially startups—to innovate, conduct research and development, and attract investors. Adding insult to injury, the AIA favors Fortune 150 companies by making it easier for them to accelerate the trend of their export of technical jobs. Let’s look at some of the problems, and then I’ll offer some proposals to fix the AIA.

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Author

Portrait image of David Boundy
David Boundy
CEO, Cambridge Technology Law LLC, USA

David Boundy is Partner and CEO of Cambridge Technology Law LLC in Cambridge MA. Mr Boundy brings an in-house counsel's business-oriented perspective for intellectual property issues to clients of the firm, which include startups, established companies, and angel and venture investors. Mr. Boundy was formerly vice president for intellectual property and assistant general counsel for Cantor Fitzgerald in New York.

Company

Cambridge Technology Law LLC

Cambridge Technology Law LLC is a law firm headquartered in the heart of the high-tech district of Kendall Square, Cambridge MA, across the street from MIT. The firm specializes in intellectual property law, technology law, and administrative law. We help our clients in business matters, and we apply administrative law expertise in disputes with the Federal government, and on behalf of clients in inter partes proceedings within federal adjudication proceedings.

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