The America Invents Act, the historic 2011 law that reforms the U.S. patent system, saw its second phase take effect in September, creating new rules in the complex world of patents that in-house counsel should not ignore. (A third and final phase will be implemented in March of next year.)
"This could be a real game-changer," says Erika Arner, chair of the patent prosecution practice at Finnegan, Henderson, Farabow, Garrett & Dunner. "The provisions will create new ways to challenge patent applications and existing patents, and counsel will want to more closely monitor the patent landscape and their competitors."
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