The 2011 America Invents Act is the most comprehensive patent reform since the 1952 Patent Act. Many of the proposed changes would harmonize U.S. patent laws with those of Europe, China and other nations. The recommendations provided below will help companies strengthen their worldwide IP positions as they prepare to “hit the ground running” upon enactment of the pending U.S. patent reform law. We suggest four key IP strategies:
- Filing patent applications early and often;
- Routinely monitoring a competitor’s patent portfolio;
- Regularly conducting IP audits to identify and record trade-secret rights and confirm proper marking; and
- Routinely considering the Patent Prosecution Highway, prioritized examination and other examination accelerators.
The America Invents Act passed the House of Representatives (H.R. 1249) 304-117, on June 23. On Sept. 8, the Senate passed it with a vote of 89-9. The bill will now be sent to the president for his signature. He has signaled that patent reform is a high priority, and it appears likely, as this article goes to press, that the proposed reforms will become law. The following discussion focuses on key provisions in the bill.
First To File
File early and often.
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