Patent Law Changes Good for American Lawyers

Congress recently passed and President Obama signed into law the Leahy-Smith America Invents Act after more than six years of legislative efforts to reform the existing patent laws.

The act represents the most comprehensive and substantial patent legislation since the Patent Act of 1952. The act changes significantly the processes for both obtaining and litigating patents. Of particular note for patent prosecutors, the act changes the United States from a “first-to-invent” to a “first-to-file” patent system, eliminates interference proceedings, and expands the scope of prior act under the statute.

Entirely new procedures for post-grant review have been put in place, phasing out inter partes re-examinations and replacing them with post-grant review and revised inter partes review processes. In addition, the act establishes a special transitional post-grant review process for business-method patents.  

So what does all of this mean for the U.S. attorney?  The new law includes many important changes for patent litigators, including new rules affecting joinder of parties in patent infringement actions, changes to the false marking provisions, new statutory provisions regarding advice of counsel, and expansion of the prior user defense. 

The act makes it much easier for U.S. attorneys to litigate patent infringement claims against foreign nationals and corporations. 

Details and full text can be viewed at: Leahy-Smith America Invents Act.