Long-Awaited Patent Reform Bill Passes Congress

Yesterday, the United States Senate passed the Leahy-Smith America Invents Act (the "Act"), previously passed by the House of Representatives, sending the most significant reform of the United States patent laws since 1952 to the President for his signature. President Obama has indicated his intention to sign it.

The sweeping legislation, among other things, converts the United States patent system to a "first-inventor-to-file" system, introduces new post-grant review procedures, and imposes an immediate 15% increase on patent office fees. A summary of the most important provisions follows.

Transitions to First Inventor to File: The Act amends sections 102 and 103 of the Patent Act, the provisions that define the concepts of novelty and obviousness, to transition the United States patent system to a "first-inventor-to-file" system similar to that used in much of the rest of the world. As a result, interference proceedings will eventually disappear, but will be