America Invents Act Signed Into Law

The America Invents Act of 2011 has been approved by the U.S. Senate and was signed into law on September 16. The Act dramatically changes current U.S. patent law and will likely affect patent portfolio planning and strategy as well as patent disputes and litigation, in both the near and far term.

Some of the patent law changes will be implemented immediately upon signing by the President, while other changes will be implemented over the next 18 months.  How and when these changes will affect current and future patent rights are highlighted below.  

Within 10 Days of Enactment

• Availability of Prioritized Examination Procedure.  A prioritized examination of U.S. patent applications will be available 10 days after enactment.  A prioritized examination fee of $4,800 will be required in addition to regular fees.  No special examination support document is required, and any patent subject matter will qualify.  This procedure will accelerate prosecution and