May 31, 2012

America Invents Act

On September 16, 2011, President Barack Obama signed into law the Leahy-Smith America Invents Act. This law represents the most significant change to U.S. patent law in nearly 50 years. Some of the most important provisions of the act include:

  • First inventor to file
  • Fee setting authority
  • 15 percent fee surcharge
  • Prioritized examination
  • Changes to inter partes reexamination
  • Supplemental examination
  • Post-grant review
  • Inter partes review
  • Patents without best mode
  • Preissuance submission by third parties

We have been advising our clients on the legislation's key implications and presenting on a variety of topics related to the AIA. In January 2012, we increased our ability to do so with the addition of Robert L. Stoll, the former U.S. Commissioner for Patents and a key figure in the USPTO's support of the AIA's passage.

In the video below, Stoll discusses the impact of the America Invents Act on international companies. To watch him discuss what new patent protection strategies are available to patent holders, click here.

The material contained in this communication is informational, general in nature and does not constitute legal advice. The material contained in this communication should not be relied upon or used without consulting a lawyer to consider your specific circumstances. This communication was published on the date specified and may not include any changes in the topics, laws, rules or regulations covered. Receipt of this communication does not establish an attorney-client relationship. In some jurisdictions, this communication may be considered attorney advertising.

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