The Leahy-Smith Patent Reform Act, better known as the “America Invents Act,” was signed into law on September 16, 2011 and is the most significant patent reform in more than fifty years. While many of the most dramatic changes do not go into effect until one year or more from the date of enactment, an understanding of all aspects of the new law is important now for future planning. Some of the most noteworthy changes are summarized below.

Perhaps the most important change in the new law switches the United States to a “First-to-File” system, in which the first inventor to file a patent application for an invention is the one entitled to receive a patent. Under current law, the one who is first to make the invention is entitled to the patent, whether or not that inventor was the first to file a patent application (provided certain other requirements are met). First-to-File is generally the standard around the globe and this change attempts to harmonize U.S. patent law with international patent practice. As a result, the new standard (which does not take effect for 18 months) is likely to encourage early filing of one or more provisional patent applications, perhaps at each significant step of a project’s development, in order to stake the earliest possible claim at the Patent Office.