The America Invents Act, which was signed into law on Sept. 16, 2011, made the most significant changes to United States patent law in decades. For example, on March 16, 2013, the AIA will transform the U.S. patent system from a “first-to-invent” system to a “first-inventor-to-file” system, in which the first inventor to file a patent application will have priority over another inventor who conceived of an invention first, but did not file a patent application until after the first inventor filed. Also, the AIA contains provisions that curtail patents directed to tax strategies, eliminate the ability to invalidate a patent due to lack of disclosure of the “best mode” of practicing the invention, and eliminate certain lawsuits based on falsely marking goods as “patented.”
Furthermore, sweeping changes in the AIA are directed to the manner in which the validity of patents may be challenged in the United States Patent and Trademark Office (USPTO) after issuance. Under the AIA, patent validity may be challenged post-issuance using a new inter partes review process, a new post-grant review process, or using the existing ex parte re-examination process. Also, the validity of “business method” patents may be challenged under a transitional program for covered business method patents.
