Bilateral and multilateral trade agreements are classically produced though the give-and-take of high level diplomacy and comprise a series of compromises.  To best serve the interests of innovators, when trade negotiators take on IP topics, the quest should be to identify the �best practices� for protection of innovation � a relentless focus on crafting IP rules that foster transparency, objectiveness, predictability and simplicity in the IP systems.  The America Invents Act was largely crafted to achieve this end in defining new rules for patentability and new procedures for challenges to issued patents in the United States Patent and Trademark Office.  Is there a way for the spirit of the AIA to be the motive force for crafting new IP rules between PR-China and the USA?  The answer, of course, is �yes,� but getting to �yes� requires a vision and a discipline to rigorously simplify patenting rules, procedures, proceedings and concepts.

How should future US-China IP agreements be crafted: Applying the AIA's lessons

246th National Meeting (2013)

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