America Invents Act Final Rule: Supplemental Examination

The America Invents Act will allow patent owners to ask the U.S. Patent and Trademark Office ("PTO") for supplemental examination to consider, reconsider, or correct any information believed to be relevant to a patent. Once this information has been considered, reconsidered, or corrected, the patent cannot be held unenforceable based on conduct relating to that information. This new procedure, which is subject to certain statutory limitations, will become available for all U.S. patents on September 16, 2012.

On August 14, 2012, after addressing public comments on its proposed rules, the PTO issued a final rules package entitled "Changes to Implement the Supplemental Examination Provisions of the Leahy-Smith America Invents Act and to Revise Reexamination Fees."