America Invents Act | Text

America Invents Act | Text

Leahy Smith Law

America Invents Act Text
America Invents Act Text

The America Invents Act is a law that was passed in 2011 and certain parts of it took effect on September 16, 2012 whilst the remainder became effective as of March 16, 2013.  This law represents a subtle but dramatic change in the basis and theory of American Patent Law with regards to various provisions empowered therein.  For example, the effect of prior art on application status as well as the priority rights of product developers and inventors to invention concepts.   Priority of invention is an important concept as the inventor who has priority for an invention is the one or group of inventors who would gain patent title and the effect of any resulting financial boons.  You can study various parts of the full text of the American Invents Act by clicking here: (full-text-america-invents-act).

America Invents Act | First to File

The most profound change in American thinking with regards to patenting is a harmonization with most countries who already have first to file statutes.  In fact Canada, the Phillipines and the United States were

First Inventor to File

the last holdouts for first-to-invent law who have all changed to first-to-file laws in 1989, 1998 and 2013 respectively.  Under the previous patent law, US inventors were able to delay entry into the patent system and still file – after – but typically within a year of other inventors who had previously filed a US patent application and still obtain rights to a patent.  Of course, the late filing inventor would have to prove that they were the first to conceive the invention also providing sufficient proof of its reduction to practice that this was the case.  The infamous inventor’s notebook, proof of diligent reduction to practice of the invention, filing of a patent application all came into play before AIA.  However, that has all changed: the first-inventor-to-file is now the one who rules the roost.

Prior Art under the (AIA) America Invents Act

Various activities of an inventor or his collaborators can influence his patent rights under AIA..  Several can even bar the patentability of his concepts in the United States of America.  Specifically, under the AIA law there are restrictions as to the use in a public facility or locale, the sale of the item to others and or the publicizing of the invention in printed publication.  If someone else does this then another inventor can not obtain a patent on the invention he or she was hoping to patent.  Additionally, disclosures made in foreign countries including offers for sale and public uses are now considered prior art in the United States and you can rejected on this basis.

AIA Grace Period

Finally, and most importantly, the disclosure of the invention anywhere in the world by another bars the patenting of the invention in the United States.  However, there is a clause built into the law such that those disclosures made by the actual inventor within a time period of a year from the filing date in the United State Patent and Trademark Office are not considered prior art to that inventor.  However, these same disclosures would be considered prior art for other inventors attempting to file and protect similar concepts.  The above one year grace period does not apply to inventors who have not published their concepts.