“America Invents Act” Patent Law Overhaul: The Benefits and the Drawbacks


“A good idea is never lost. Even though its originator or possessor may die without publicizing it, it will someday be reborn in the mind of another.” ~ Thomas Edison

As any inventor or innovator will tell you, an invention will never work without proper timing. This means that society has to be prepared to accept it, technology must be in place to be able to accommodate it, and the economic climate needs to be just right for it to move forward past the idea phase. However, securing a patent for that invention is all about timing, too, and inventors need to be aware of some recent drastic changes.

The Leahy-Smith America Invents Act (AIA) was signed into law by President Obama on September 16, 2011 and it constitutes the most significant overhaul of the U.S. patent system in decades. The provisions discussed go into effect on March 16, 2013; other provisions of the AIA start sooner.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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