The “America Invents Act” – enacted September 16, 2011 as PL 112-29 substantially amends the Patent laws of the United States. Some of amendments concern the power of the Patent and Trademark Office to regulate itself; to study and report on certain subjects, to set up satellite offices, to obtain funding, to pay administrative law judges to set fees and establish a system of priority examination. Some are limited to quite specific industries or patents (for example, patents claiming or covering human beings, patents on tax strategies, the calculation of the 60 day period for filing a request for patent term extension, the so called “the dog ate my homework” provision). Some remove outdated or obsolete sections of the code (the “statutory invention register”; “patent term restoration” limited to patents which have long since expired).
These provisions are not the subject of this presentation. Rather we focus on the core provisions of the AIA – the change to a first to file system, changes in post grant proceedings, and associated topics, changes in litigation, and the transition from the old system to the new.
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