The “America Invents Act of 2011” was signed into law on September 16, 2011. The Act rewrites major sections of existing U.S. patent laws and harmonizes U.S. patent laws with International standards by moving to a first-to-file system for determining priority of inventorship. The Act will have wide-reaching and in some cases immediate effects on virtually all areas of patent practice.

Kilpatrick Townsend attorneys Chris Durkee and Todd Ostomel, Ph.D. discussed the Act, including the substantive changes incorporated in the Act and practical implications for both companies and practitioners.

Topics included:

  • Changes to the requirements for patentability (anticipation and obviousness) resulting from the adoption of a “first-to-file” system including redefinitions of prior art
  • New post-grant review proceedings and procedures for pre-issuance submission of prior art
  • Patent Office fees and funding
  • Effects on patent litigation

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