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. Below is a collection of materials outlining key aspects of the AIA. They were developed by Stoll and associate Carrie Beyer.
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.