Many believe Fintiv goes against the intent of the America Invents Act, to allow determining patent validity in the Patent Office, before technical examiners who are best qualified to evaluate validity. Senator Patrick Leahy (D-VT), a co-author of the original Leahy-Smith America Invents ACT, announced on Weds., Sept. 29 that he is introducing a bill that would restore the IPR process to what Congress intended. Among other reforms, it reportedly would overrule Fintiv, and replace it with a list of limited factors for discretionary denial.
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