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ARTICLE · 23 MAY 2013

The America Invents Act - Summary

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The Leahy-Smith America Invents Act (AIA) implements the most significant reform to US patent law since 1952.

United StatesIntellectual Property
Adam Taylor
Adam Taylor
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The Leahy-Smith America Invents Act (AIA) implements the most significant reform to US patent law since 1952.  There are changes in the way that applicants and inventors are treated, procedural changes and changes in the way that patent applications are examined as well as significant revisions to the actions available to third parties when seeking to challenge ownership or validity of patent rights.

  • significant changes have been made which affect applications filed from 16 March 2013 (herein "post-AIA" applications):
    • shift from the current "first-to-invent" patent system in the US to a "first inventor-to-file" system
    • related new provisions changing the way in which prior art is defined

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