Immediate Changes for Patent Practice Under the America Invents Act
- Eldora L. Ellison, Ph.D. and Jeremiah B. Frueauf
- Sterne, Kessler, Goldstein & Fox P.L.L.C.
This week, the Senate will vote on the House version of the Leahy-Smith America Invents Act (H.R. 1249), which promises to be one of the final steps toward enactment of major changes to the U.S. patent system. Many provisions of the Act will take effect a year or more after enactment including, e.g., a procedure for post-grant review proceedings before the U.S. Patent and Trademark Office (1 year after date of enactment) and a change to a first inventor to file system (18 months after date of enactment). However, a number of changes will take effect immediately upon, or soon after, enactment. To see a summary of these changes, download the attached PDF.