Just over a year ago, President Obama signed the America
Invents Act (AIA), signalling one of the most significant
revisions to U.S. patent law since 1952. As intellectual property
in general, and patents in particular, are critical assets to
companies involved in the energy industry, it is important to
understand how this legislation may affect your business. The main
revisions this article will discuss relate to a change to a
"firsttofile" regime and the addition of ways to
challenge patent applications.
First File Regime:
The first major change implemented by the AIA converts U.S.
patent law from a "firsttoinvent" regime to a
"firsttofile" regime. This change is intended to
harmonize the U.S. patent system with most other worldwide
jurisdictions, including Canada. While this revision does not take
effect until March 2013, it will change filing strategies for many
companies, and encourage more frequent and earlier filing of patent
applications. Under the current
