Index

Leahy-Smith America Invents Act (AIA)

Summary

Major patent reform that transitioned the U.S. patent system from a 'first-to-invent' to a 'first-to-file' system.

Rights & Rules

  • 01.
    The first person to file a patent application for an invention is generally the one who receives the patent.
  • 02.
    Third parties have a window to challenge the validity of a patent after it is granted.
  • 03.
    Small businesses may qualify for 'micro-entity' status, significantly reducing filing fees.

Penalties

  • 01.
    Invalidation of patent claims if challenged successfully.
  • 02.
    Loss of priority rights for failing to file in a timely manner.
  • 03.
    Potential payment of opponent's legal fees in specific litigation contexts.

Verified Citations

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