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Did Congress Create Unintended Risks to Innovators In the AIA? 

By Glenn E.J. Murphy
September 01, 2019

The law of unintended consequences pushes us ceaselessly through the years, permitting no pause for perspective. — Richard Schickel

Lawmakers who interfere with commerce and the normal creation of jobs in an economy run the risk of doing harm rather than good. Unintended consequences from regulating or legislating to achieve a goal can occur and cause havoc in the markets or an economy. — Mark Skousen

Many observers greeted the Sept. 16, 2011, passage of the Leahy-Smith America Invents Act (AIA) into law as a long-overdue overhaul of U.S. patent law that aligned it with patent systems prevailing in the rest of the world. Who knew what mischief just seven of the AIA's more than 25,000 words contained? The U.S. Supreme Court answered earlier this year in Helsinn Healthcare v. Teva Pharmaceuticals USA, 586 U.S. ___ (Jan. 22, 2019).

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