American Invents Act

Extracted Attributes

• Type

  United States federal statute

• Country

  United States

• Full Name

  Leahy–Smith America Invents Act

• Influence

  Strategic threat of 'Patent Hacking' in pharmaceuticals

• Abbreviation

  AIA

• Significance

  Most significant legislative change to U.S. patent system since 1952

• Impacted Area

  U.S. patent system

• Lead Sponsors

  Sen. Patrick Leahy (D–VT), Rep. Lamar Smith (R–TX)

• Enactment Date

  2011-09-16

• Primary Change

  Transition from 'first to invent' to 'first inventor to file' patent system

• Other Key Changes

  Eliminated interference proceedings, established post-grant opposition

• Enacting President

  Barack Obama

Timeline

• Introduced in the Senate as 'America Invents Act' (S. 23) by Patrick Leahy. (Source: web_search_results)

  2011-01-25

• Passed the Senate (95–5). (Source: web_search_results)

  2011-03-08

• Passed the House (304-117) with amendment. (Source: web_search_results)

  2011-06-23

• Senate agreed to House amendment (89-9). (Source: web_search_results)

  2011-09-08

• Signed into law by President Barack Obama. (Source: summary, Wikipedia, web_search_results)

  2011-09-16

• Central provisions of the Act went into effect. (Source: summary, Wikipedia, web_search_results)

  2012-09-16

• Remaining central provisions went into effect, specifically the 'first-to-file' provisions for patent applications claiming subject matter with an effective filing date on or after this date. (Source: summary, Wikipedia, web_search_results)

  2013-03-16

Leahy–Smith America Invents Act

The Leahy–Smith America Invents Act (AIA) is a United States federal statute that was passed by Congress and signed into law by President Barack Obama on September 16, 2011. The law represents the most significant legislative change to the U.S. patent system since the Patent Act of 1952 and closely resembles previously proposed legislation in the Senate in its previous session (Patent Reform Act of 2009). Named for its lead sponsors, Sen. Patrick Leahy (D–VT) and Rep. Lamar Smith (R–TX), the Act switches the U.S. patent system from a "first to invent" to a "first inventor to file" system, eliminates interference proceedings, and develops post-grant opposition. Its central provisions went into effect on September 16, 2012 and on March 16, 2013.

Web Search Results

• Leahy–Smith America Invents Act - Wikipedia

  The Leahy–Smith America Invents Act (AIA) is a United States federal statute that was passed by Congress and signed into law by President Barack Obama on September 16, 2011. The law represents the most significant legislative change to the U.S. patent system since the Patent Act of 1952 and closely resembles previously proposed legislation in the Senate in its previous session (Patent Reform Act of 2009). [...] | Introduced in the Senate as "America Invents Act" (S. 23) by Patrick Leahy (D "Democratic Party (United States)")–VT) on January 25, 2011 Committee consideration by Judiciary Committee Passed the Senate on March 8, 2011 (95–5) Passed the House on June 23, 2011 (304-117) with amendment Senate agreed to House amendment on September 8, 2011 (89-9) Signed into law by President Barack Obama on September 16, 2011 | | [...] Named for its lead sponsors, Sen. Patrick Leahy (D "Democratic Party (United States)")–VT) and Rep. Lamar Smith (R "Republican Party (United States)")–TX), the Act switches the U.S. patent system from a "first to invent" to a "first inventor to file" system, eliminates interference proceedings, and develops post-grant opposition. Its central provisions went into effect on September 16, 2012 and on March 16, 2013. ## Provisions [edit] ### First to file and grace period [edit]

• [PDF] AN OVERVIEW OF THE AMERICA INVENTS ACT (AIA):

  AND ANY INFORMATION CONTAINED HEREIN ARE INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. 4 I. INTRODUCTION For the general public, the Leahy-Smith America Invents Act of 2011 has been publicized as a package of reforms that should improve the US patent system. In theory, these improvements will happen by moving the US patent system closer toward harmonization with other patent systems around the world, and by addressing acknowledged problems [...] Leahy-­‐Smith America Invents Act, 77 Fed. Reg. 43742, 43742 (proposed July 26, 2012) (to be codified at 37 C.F.R. pt. 1). 10 New 35 U.S.C §102(a)-(d). 11 Robert A. Armitage, Understanding the America Invents Act & Its Implications for Patenting, 40 AIPLA Q.J. 1 (2012). 12 This includes inventions which have been patented, published in a printed publication, have been in public use, have been on sale (anywhere in the world), or were otherwise made publically available. This does not include [...] Continued Examination, 76 Fed. Reg. 78,566 (Dec. 19, 2011) (to be codified 37 C.F.R. pt. 1). 128 See Patents Examination, USPTO.GOV (last modified June 27, 2012), 129 Leahy-Smith America Invents Act, Pub. L. No. 112-29, § 25, 125 Stat. 284, 337 (2011). 130 Leahy-Smith America Invents Act, Pub. L. No. 112-29, §§ 20, 125 Stat. 284, 333-34 (2011). 131 New 35 U.S.C §§ 116, 251, 253, 256, and 288. 132 Id.; see Memorandum from Robert W. Bahr, Senior Patent Counsel Acting Assoc. Comm’r for Patent

• Basics of America Invents Act-AIA - Neustel Law Offices

  On September 16, 2011, the Leahy-Smith America Invents Act (AIA) became law and significantly changed the U.S. patent system. The AIA not only changes the patentability standards for patent applicants, but it also changes the role of the public in the patenting process which previously was very limited. Below is a brief summary of the changes implemented by the AIA. # First-to-File Patent System [...] All patent applications that claim any subject matter having an effective filing date on or after March 16, 2013 are subject to the new “first-to-file” provisions apply which give priority to the first applicant and not the first inventor. For patent applications that claim only subject matter having an effective filing date before March 16, 2013, the prior “first-to-invent” provisions apply giving priority to the first inventor. We have more information available in our

• America Invents Act, Ten Years After Enactment

  { Banner Image } # America Invents Act, Ten Years After Enactment PDF Share Icon The Leahy-Smith “America Invents Act” (hereinafter, “AIA”) was signed into law ten years ago, on September 16, 2011. We have learned extensively from the enactment and this article is part of a series of lessons learned. [...] Ten years ago, the US patent laws were long overdue for a realignment to conform to modern standards and International trends. For perspective, the 1952 Act was enacted only a few years after the transistor was invented (1947). In 1954 (and just in time for Christmas), the first transistor pocket radio with four transistors went on sale for $50 (in 1952 dollars). “Smart” phones, even way back in 2011, already had billions of transistors. Furthermore, new tools for programming computers, [...] The AIA made a number of changes to US patent law that harmonized it with the laws of other nations, such as changing the US law from “first to invent” to “first inventor to file” and providing an additional way to challenge an issued patent, and many more.

• The America Invents Act, Ten Years After Enactment - Part 1

  { Banner Image } # The America Invents Act, Ten Years After Enactment - Part 1: “First Inventor to File” PDF Share Icon Ten years ago, on September 16, 2011, the America Invents Act (“AIA”) became law. This article is the second in a multi-part series of articles on the significant changes introduced by the AIA and the results of those changes. [...] Provisional patent applications were first permitted by the American Inventors Protection Act of 1999. Provisional applications are patent applications filed in the US Patent and Trademark Office, but, unlike non-provisional (regular) patent applications, they are not examined. However, they are granted a priority date that corresponds to the date they are filed for the invention they describe, and their filing dates can be claimed as the “effective” filing date for a later, regular patent [...] (#_ftnref1) Lincoln was a patentee/genius for a device to lift boats over shoals – US 6469 issued May 22, 1849 (#_ftnref2) The concept of an “inventor” was characterized by one court as “one of the muddiest concepts in the murky metaphysics of patent law.” (Mueller Brass Co. v Reading Industries, Inc., 352 F Supp. 1357, 1372 (E. D. Pa 1972). (#_ftnref3) From Article I, Section 8, claims 7 of the US Constitution ## About Maynard Nexsen