America Invents Act Primer

Since its passage in 2011, the Leahy-Smith America Invents Act ("AIA") has brought many significant changes to U.S. patent law. Accordingly, to assist readers in developing an in-depth understanding of these changes, the America Invents Act Primer provides discussions of each and every one of the AIA’s substantive provisions. More specifically, and whenever possible, each discussion of the AIA’s provisions includes the following key features:

An identification of the AIA section’s effective date, including the statutory basis for such dates;A direct comparison of relevant pre- and post-AIA statutes;An analysis of the similarities and differences between pre- and post-AIA statutes;A discussion of the legislative goals that were addressed by the AIA section; andAn analysis of the practical implications of the changes made by the AIA section.

The America Invents Act Primer additionally highlights a number of free resources that can be utilized by readers to attain a deeper understanding of the AIA, including resources that explain how the U.S. Patent and Trademark Office is applying the new law.

Overall, the America Invents Act Primer provides a unique and practical desk reference on the AIA that is sure to be useful for years to come.

An identification of the AIA section’s effective date, including the statutory basis for such dates;A direct comparison of relevant pre- and post-AIA statutes;An analysis of the similarities and differences between pre- and post-AIA statutes;A discussion of the legislative goals that were addressed by the AIA section; andAn analysis of the practical implications of the changes made by the AIA section.

1. Introduction to the America Invents Act 2. Transitioning U.S. Patent Law From a “First-to-Invent” to a “First-Inventor-to-File” System Under the AIA 3. The AIA’s Impact on the Novelty and Non-Obviousness Patentability Requirements 4. The AIA’s Effects on Patentable Subject Matter and the Patentability Requirements Set Forth by 35 U.S.C. § 112  5. The AIA’s Impact on Post-Grant Proceedings 6. The AIA’s Effects on Claims That May Be Brought in Patent Infringement Suits  7. AIA’s Modifications to Patent Infringement Defenses 8. AIA’s Changes to Patent Prosecution Practices  9. The AIA’s Changes to Inventor Oaths and Declarations and Patent Application Filings by Non-Inventors 10. Miscellaneous Provisions of the AIA