Among the many changes in U.S. patent law produced by the Leahy-Smith America Invents Act of 2011, the elimination of secret prior art has received little attention.
Many of us have been bombarded by publications, electronic releases and CLE opportunities to prepare us for the many changes in U.S. patent law that became effective, or will become effective shortly, with the passage of the legislation commonly referred to as the AIA. Perhaps most significantly, in only limited circumstances will a patent applicant be able to overcome prior art dated prior to the effective filing date of its application.
