Tax Strategy Patents After the Leahy-Smith America Invents Act
Author: John W. Hutchinson.
Source: Volume 29, Number 03, Spring 2012 , pp.35-42(8)
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Abstract:
The Leahy-Smith Act deems tax strategies to be insufficiently novel and not obvious to differentiate an “invention” from prior art. On the face of it, tax strategy patents are no more. But nagging questions linger. And Congress did not disturb the over 150 tax strategy patents in existence at the time the Act was passed. This article discusses the current state of the law, and its implications for practice.Keywords: Pub. L. 112-29; tax strategy; patent; Wealth Transfer Group, LLC v. Rowe; “Turbo Tax” exception; “Financial Management” exception; existing tax strategy patents
Affiliations:
1: Squire, Sanders & Dempsey (US) LLP.