Index
Intellectual PropertyUnited States

Leahy-Smith America Invents Act (AIA)

Summary

A major overhaul of the US patent system that transitioned the country from a 'first-to-invent' to a 'first-inventor-to-file' system.

Rights & Rules

  • 01.
    Right to a patent for the first person to file an application, regardless of who invented it first
  • 02.
    Right to challenge the validity of a patent through administrative proceedings

Penalties

  • 01.
    Invalidation of patent claims
  • 02.
    Loss of priority for failing to file promptly
  • 03.
    Potential for increased litigation costs in Post-Grant Review

Verified Citations

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