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Leahy-Smith America Invents Act (AIA)
Practical Law Glossary Item 8-508-9007 (Approx. 3 pages)
Glossary
Leahy-Smith America Invents Act (AIA)
Also known as the Patent Reform Act of 2011. A federal statute (Pub. L. No. 112-29, 125 Stat. 284 (2011)), enacted on September 16, 2011 that fundamentally changed the federal Patent Act. Key changes included:
- Transitioning the US to a first-inventor-to-file system for patent protection.
- Changing the definition of prior art for determining novelty and nonobviousness.
- Creating new procedures in the US Patent and Trademark Office (USPTO) for:
- a third party to challenge a patent's validity; and
- a patent owner to seek supplemental examination of its patent.
- Changing certain defenses to patent infringement, including:
- expanding the prior commercial use defense;
- eliminating the failure to disclose the best mode as a defense; and
- eliminating the requirement to obtain advice of counsel to defend against willful infringement claims.
- Changing patent marking requirements and false marking litigation.
- Changing certain patent litigation and USPTO procedures.
- Eliminating tax strategies and human organisms from eligibility for patent protection.
For more information, see Practice Note, Leahy-Smith America Invents Act: Overview and Leahy-Smith America Invents Act: Key Effective Dates Chart.