On September 16, 2011, the US patent laws saw their first major revision in many years. The Leahy-Smith America Invents Act brings in many changes. Perhaps most notorious among them is the change in US practice from “first to invent” to “first to file”.
Here is a link to the Act in all of its lengthy glory. Leahy-Smith America Invents Act.
While most of the focus in the popular press has been about the change to first-to-file, other important changes were made to rules relating to:
- Best mode
- Defense to infringement based on prior commercial use
- Joinder of defendants
- Increase in PTO fees
- New Prioritized Examination options
- Post-issuance review
Some facets of the new law take effect as of September 16, 2011, while others take effect in the future. Here is a snapshot of the implementation dates for sections of the act (from the US PTO site announcing implementation of the Act).
In future posts we will summarize specific sections, and provide some insight into the effects these changes may have on inventors, companies large and small, and on patent practice in general.