Index

Leahy-Smith America Invents Act (AIA)

Summary

A significant reform of the U.S. patent system that shifted the country from a 'first-to-invent' to a 'first-inventor-to-file' system.

Rights & Rules

  • 01.
    The right of the first person to file a patent application to have priority over others.
  • 02.
    The right to challenge the validity of a patent through administrative proceedings (Inter Partes Review).
  • 03.
    The right to a 'grace period' of one year for disclosures made by the inventor.

Penalties

  • 01.
    Invalidation of patent claims if found unpatentable during review.
  • 02.
    Payment of attorney fees in exceptional litigation cases.
  • 03.
    Loss of patent priority if an application is not filed promptly after public disclosure.

Verified Citations

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