On Sept. 16, 2011, the America Invents Act, or AIA, became law, marking the conclusion of years of effort to curtail perceived abuses of the patent system and to harmonize the U.S. patent statute with the patent laws of other industrialized countries. Like most legislation, the AIA represents a series of compromises, and it fails to address a number of issues that have been the target of many critics of the patent system. Nevertheless, the statute is likely to alter significantly the practice of patent prosecution and patent litigation and is undoubtedly the most meaningful change in patent law for over 50 years.
First to File
The statute’s most significant and controversial alteration in patent procedure is the change from a first-to-invent to a first-to-file system. Previously, U.S. patent law focused on the question of who invented first. Thus, an inventor who could demonstrate that he or she was the first to make an invention qualified for a patent, even if another party was the first to file. Disputes over who invented first were resolved through interference proceedings, which created delay and uncertainty.
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