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America Invents Act › Patent Applications › Patent Reform

The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant... more +
The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant changes to the patent system, including changing from a first-to-invent scheme to a first-to-file scheme, eliminating interference proceedings and developing post-grant opposition.  less -
McDonnell Boehnen Hulbert & Berghoff LLP

Congressional Republicans Propose to Abolish America Invents Act (and a Bit More)

McDonnell Boehnen Hulbert & Berghoff LLP on

It being the holiday season in America, it is perhaps appropriate that patent traditionalists get something more than coal in their stocking from Representatives Massie (R-KY), Gohmert (R-TX), Gosar (R-AZ), and McClintock...more

Womble Bond Dickinson

Quick Protection or Flexible Prosecution? Have it Both Ways with Track-One and Deferred Examination

Womble Bond Dickinson on

Today, technology companies are conceptualizing new ideas and improving upon those ideas at a blistering pace. Previously, under the United States’ first-to-invent patent system, such companies could afford to wait until new...more

Bradley Arant Boult Cummings LLP

Overlooked Changes To Patent Cooperation Treaty Practice - Law360

Bradley Arant Boult Cummings LLP on

The recent Actelion Pharmaceuticals Ltd. case brought to light a little-known quirk in how national stage patent applications affect the length of one’s patent term. That case involved a drug company losing five days of...more

Jones Day

Change Is Coming (Maybe): Reviewing the AIA Reviews and 101 “Clarity”

Jones Day on

On April 18, 2018, the Director of the USPTO Andrei Iancu informed the U.S. Senate Judiciary Committee that he aims to propose changes to America Invents Act reviews by this summer 2018. The Director told the Committee that...more

Tucker Arensberg, P.C.

How the America Invents Act Has Changed the “One-Year Grace Period” for Filing Patent Applications

Tucker Arensberg, P.C. on

The United States patent system underwent a major overhaul last March with the implementation of key provisions of the America Invents Act (“AIA”). The AIA is considered the most substantial change in patent law since 1952...more

Latham & Watkins LLP

No Assignor Estoppel in AIA Inter Partes Review

Latham & Watkins LLP on

The popularity of IPR proceedings will likely increase as assignor estoppel does not apply to IPRs. Inter Partes Review (IPR) proceedings have become a very popular method of challenging patent validity for actual and...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 11, Issue 4 (Fall 2013): Inter Partes Review and Inter...

McDonnell Boehnen Hulbert & Berghoff LLP on

On September 16, 2012, Inter Partes Review (IPR) replaced Inter Partes Reexamination (IPX) as an avenue for third party patentability challenges in the United States Patent and Trademark Office (PTO). Arising from the 2011...more

Mintz - Trademark & Copyright Viewpoints

How to Harness Speedy Services from the UK IPO to Improve Your Patenting Strategy

Mintz - Trademark & Copyright Viewpoints on

Since 16 March 2013 the America Invents Act (AIA) has expanded what constitutes prior art. The run-up to this law change date saw a spike in new patent applications filed with the United States Patent and Trademark Office...more

Foley & Lardner LLP

Maximizing the Value of Pre-AIA Patent Applications Using First-to-File Regime – Part III

Foley & Lardner LLP on

In this final post of our trilogy, we present a third scenario where the first-to-file regime under AIA offers previously unavailable opportunities for disqualifying certain prior art references....more

Foley & Lardner LLP

Maximizing the Value of Pre-AIA Patent Applications Using First-to-File Regime – Part II

Foley & Lardner LLP on

Our previous post discussed the need for invoking the first-to-file regime in order to maximize the value of certain pre-AIA applications that claim foreign priorities. Here, we present another scenario where the different...more

Foley & Lardner LLP

Maximizing the Value of Pre-AIA Patent Applications Using First-to-File Regime – Part I

Foley & Lardner LLP on

The first-to-file provisions of the Leahy-Smith America Invents Act (AIA) took effect on March 16, 2013. The predominant view among patent practitioners is that applicants should in general keep their pre-AIA patent...more

Womble Bond Dickinson

More Changes to U.S. Patent Laws Coming From Implementation of 2012 Treaties Act

Womble Bond Dickinson on

While much attention has been given to the recent, significant changes in U.S. patent law arising from the America Invents Act (“AIA”), lesser attention has been given to patent law changes brought about by further...more

Foley & Lardner LLP

U.S. and USPTO Move to Implement the Patent Law Treaty of 2000

Foley & Lardner LLP on

While U.S. patent practitioners have been focusing on the changes to U.S. patent law embodied in the Leahy-Smith America Invents Act (AIA), Congress has taken additional steps to harmonize and streamline patent application...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2: Implementing the New Micro...

McDonnell Boehnen Hulbert & Berghoff LLP on

As part of new rules introduced by the Leahy-Smith America Invents Act (AIA), a new section that defines a “micro entity” was added to Title 35 of the United States Code. As a subset of small entity status, micro entity...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2: Comments on New AIA Rules

McDonnell Boehnen Hulbert & Berghoff LLP on

On March 16, 2013, the final (and most significant) portion of the Leahy-Smith America Invents Act (AIA) took effect, and the United States broke from a first-to-invent regime to a first-inventor-to-file (FITF) regime. Of...more

Foley & Lardner LLP

A Cautionary Tale for Patent Applicants

Foley & Lardner LLP on

When should a patent application be filed? Should it be filed prior to submission of a manuscript or abstract for peer-review or just prior to publication? In highly competitive technologies, it is prudent to file as soon as...more

Eversheds Sutherland (US) LLP

Legal Alert: A Little Rule With Big Implications: USPTO Implements New Fee Schedule Including a 75% Reduction in Patent Fees for...

Eversheds Sutherland (US) LLP on

On March 19, 2013, the United States Patent and Trademark Office (USPTO) implemented a new fee schedule as authorized by the Leahy-Smith America Invents Act (Act). Among numerous changes in the fees for patent services...more

Dickinson Wright

Intellectual Property LEGAL NEWS - March 22, 2013 • Volume 1, Number 2

Dickinson Wright on

In This Issue: - AMERICA INVENTS ACT FINAL IMPLEMENTATION: FROM FIRST-TO-INVENT TO FIRST-TO-FILE: The America Invents Act (“AIA”), which went into effect September 16, 2011, introduces some of the most...more

Foley & Lardner LLP

Maximizing the Effect of Patent Applications as Prior Art Under the AIA

Foley & Lardner LLP on

Now that we are less than one month away from implementation of the First-Inventor-To-File provisions of the America Invents Act (AIA), stakeholders are considering whether to file new patent applications now, to secure...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: Review of Developments in Intellectual Property Law - Winter 2013 - Volume 11, Issue 1: If I Prioritize Examination...

McDonnell Boehnen Hulbert & Berghoff LLP on

Applications under the US Patent and Trademark Office’s (USPTO) prioritized examination program are given “special status” and examined out-of-turn until a final disposition is reached. This program has considerably reduced...more

Winthrop & Weinstine, P.A.

The First-to-File Patent System is Coming - Optimize Your System Now

Winthrop & Weinstine, P.A. on

On March 16, 2013, the "first-to-file" provisions of the America Invents Act ("AIA"), will take effect, replacing the current first-to-invent system. Here we provide specific recommendations to optimize protection of your...more

Troutman Pepper

Top Ten Reasons To File Your Patent Applications Before March 16, 2013

Troutman Pepper on

The recently enacted America Invents Act (AIA) introduces major changes to the U.S. patent laws, with some significant provisions taking effect on March 16, 2013. These provisions provide several compelling reasons to file...more

K&L Gates LLP

Major Patent Law Changes First-to-File Provisions - Effective March 16, 2013

K&L Gates LLP on

On Saturday, March 16, 2013, the “first-inventor-to-file” provisions of the Leahy-Smith America Invents Act (“AIA”) go into effect. These provisions replace the current “first-to-invent” system. In addition to various other...more

McDonnell Boehnen Hulbert & Berghoff LLP

Pre-GATT Patent Applications Threatened by Lamar Smith's H.R. 6621

McDonnell Boehnen Hulbert & Berghoff LLP on

Lurking in H.R. 6621, a bill entitled "To correct and improve certain provisions of the Leahy-Smith America Invents Act and title 35, United States Code" and introduced on November 30th by Rep. Lamar Smith (R-TX) is a...more

Troutman Pepper

Entity Size Determination at the USPTO

Troutman Pepper on

Determination of an entity’s size (e.g., small, micro or standard) at the U.S. Patent and Trademark Office (USPTO) is an important issue that affects budgets and dictates the applicable fee schedules at the USPTO....more

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