Patent Reform Bill Signed By The President

On September 16, 2011, President Obama signed into law the Leahy-Smith America Invents Act (the "Act"), which makes the most comprehensive changes to the U.S. Patent Laws since the enactment of the Patent Act of 1952. The Act overhauls the patent system, moving the U.S. to a first-to-file system, expanding infringement defenses, creating new post-grant review procedures and implementing a surcharge on all patent-related fees.

The following is a chronological summary of key changes to the U.S. Patent Laws.

Changes Effective Immediately

Inter Partes Review

The Act heightens the standard for determining whether the Director of the U.S. Patent and Trademark Office (PTO) may authorize a request for inter partes review, which allows members of the public to request and participate in the reexamination of an issued patent. The new standard of review requires that the petitioner present information sufficient to show a "reasonable likelihood" that the petitioner will