US—patents fundamentals—the America Invents Act


Produced by Eric Bensen
Practice notes

US—patents fundamentals—the America Invents Act


Produced by Eric Bensen

Practice notes
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This Practice Note was originally written for Lexis Practice Advisor®, in the US.

This Practice Note provides an introduction to the Leahy-Smith America Invents Act (AIA), which is the first major overhaul of the US patent system since the Patent Act of 1952. It converts the US patent system from a first-to-invent to a first-to-file system for patents with an effective filing date on or after March 16, 2013. A first-to-file system awards the patent to the inventor who first files the application, as opposed to the inventor who first reduces the invention to practice. This encourages prompt application filings and in most cases eliminates the need to resolve Disputes as to who is the first inventor. Moving to a first-to-file system also harmonizes the US patent system with foreign patent systems, which are nearly all first-to-file.

In addition to Switching to the first-to-file system, the AIA also:

  1. •

    expanded the procedures available in the US Patent and Trademark Office (USPTO) for patent review and cancellation or amendment of claims in issued patents

  2. •

    added new limitations on false marking

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Key definition:
Disputes definition
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