Intellectual Property News- October 2011- Tax Strategies Unpatentable Under America Invents Act


This article is the third in a series considering a section of the new patent statute and how it may affect your business.

Another provision of the Leahy-Smith Patent Reform Act that went into effect immediately on September 16, 2011, Section 14 affects the patentability – or more accurately, un-patentability – of tax strategies. The new law provides that "any strategy for reducing, avoiding, or deferring tax liability … shall be deemed insufficient to differentiate a claimed invention from the prior art." This provision of the Act applies to all cases pending on, or filed on or after the date of enactment.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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