On September 16, President Obama signed into law the America Invents Act, the first significant change in patent law since 1952. The legislation is aimed at streamlining the patent process and reducing costly legal battles pertaining to intellectual property rights.
Changes in law prescribed by the patent reform legislation will take effect over time. Following is a summary of when certain key provisions of the new law are set to begin:
— Patent Marking (takes effect September 16, 2011)
— Fee Increases (takes effect September 26, 2011)
— Post-Issuance Proceedings (takes effect September 17, 2012)
— First Inventor to File (takes effect March 17, 2013)
The patent reform signed into law brings sweeping change to patent-related processes. Patent applicants should consider what changes to their application filing strategies are needed to adjust to a first inventor-to-file system. Also, patent holders and challengers will soon have available to them new procedures for correcting and challenging issued patents and should begin considering how these new procedures can be used to their advantage.
For a complete listing of when the statute’s various provisions take effect, please visit: http://www.leclairryan.com/services/xprServiceDetailRelLeClair.aspx?xpST=ServiceDetail&service=146&op=Pubs. LeClairRyan’s Intellectual Property and Technology team has provided in-depth explanations of how the America Invents Act will affect businesses and individuals wishing to protect their intellectual property.
For more details visit: www.LeClairRyan.com
LeClairRyan offers a comprehensive national and international intellectual property and technology practice that enables our clients to protect and maximize the value of their intellectual property rights. For more information about how the new patent reform laws will affect your business processes, please contact your LeClairRyan attorney.
(News provided by: LeClairRyan)