The Leahy-Smith America Invents Act, which is considered the most sweeping change to the U.S. patent system in decades, would change the nation’s U.S. patent system from a first-to-invent system into a first-to-file system. Support for the first-to-file provision is mixed in the patent bar.
The final bill is also controversial because it does not bar fee diversion–the practice of allowing the U.S. government to use U.S. Patent and Trademark Office revenue that exceeds the agency’s budget for other government programs. This is the version passed by the House of Representatives on June 23. Because the Senate passed the House version without any amendments, it can now go to President Obama for his signature.
