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ARTICLE · 14 SEPTEMBER 2011

Senate Passes The America Invents Act

Perkins Coie LLP
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This evening, the U.S. Senate passed the Leahy-Smith America Invents Act, H.R. 1249 (the "Act").

United StatesIntellectual Property
Stephen Arnett
Stephen Arnett
Susan Betcher
Susan Betcher
Nicole Sporer
Nicole Sporer

This evening, the U.S. Senate passed the Leahy-Smith America Invents Act, H.R. 1249 (the "Act"). The Act includes the provisions impacting fees, Patent and Trademark Office ("PTO") proceedings and litigation proceedings that will take effect upon or shortly following enactment. These provisions include: 

  • a 15% surcharge on USPTO fees
  • 75% fee reductions for the newly categorized micro entities
  • a $400 fee for failing to file electronically
  • a $4,800 fee for filing prioritized applications
  • prior user defense in litigation with respect to patents issued on or after the date of enactment requirement that private false marking claims include proof of competitive injury
  • requirement that private false marking claims include proof of competitive injury 

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