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.
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