The New Patent Reform Bill: The Top 10 Highlights


On September 16, 2011, President Obama signed into law the America Invents Act (AIA), which includes some of the most significant changes to U.S. patent law in over 50 years.

The new "first-to-file" provision has been highlighted as the most significant change in this new legislation. However, the AIA includes many other features that are likely to have a direct impact on the patent strategies we develop with our clients. This alert does not attempt to summarize in detail the AIA in its entirety, but focuses instead on several key areas of interest.

1. Patent Priority Is Awarded to the First Inventor to File for a Patent Rather than the First to Invent

This transitions the U.S. to a first-inventor-to-file patent system from a first-to-invent patent system.

What about the patent applicant's own pre-filing disclosures? A one-year grace period still exists during which an inventor can file for a patent despite prior disclosure of an invention.

Please see full presentation below for more information.

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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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