The Leahy–Smith America Invents Act (AIA) was passed by Congress and enacted into law on September 16, 2011. Named for its lead sponsors, Sen. Patrick Leahy (D-VT) and Rep. Lamar Smith (R-TX), the Act changed the U.S. patent system from a “first to invent” to a “first inventor to file” system, eliminated interference proceedings, and developed new post-grant proceedings. Its central provisions went into effect on March 16, 2013.

Since passage of the America Invents Act, Congress and industry have continued to discuss ways to enhance intellectual property protection, foster U.S. innovation, and minimize litigation abuse. On December 5, 2013, the U.S. House of Representatives, by an overwhelming vote of 325-91, passed a bill that overhauls the patent litigation system in order to curb patent assertion entities, also known as patent “trolls.”

In this Client Alert, we will look at the five “Ps” of the patent reform debate taking place on Capitol Hill, highlighting the key policymakers, the legislative proposals, the politics and accompanying problems surrounding the bill, and, finally, the path forward.