When President Barack Obama signed the Leahy-Smith America Invents Act (AIA) last fall, it marked the culmination of a years-long reform process. The act includes some of the most sweeping changes to U.S. patent law since 1836. In particular, several key components will significantly affect the patent prosecution and review processes.
The AIA shifts the U.S. patent system from a first-to-invent priority scheme to a first-inventor-to-file scheme, bringing the United States closer to, though not completely in line with, the patent systems of most other countries. Under the previous system, the inventor who first conceived of an invention was entitled to patent protection. Now protection is bestowed on the first party to file a patent application on the invention, regardless of the date of invention.
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