Index
Intellectual PropertyUnited States

Leahy-Smith America Invents Act (AIA)

Summary

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

Rights & Rules

  • 01.
    Right to secure a patent by being the first to file an application
  • 02.
    Right to challenge the validity of a patent through Post-Grant Review
  • 03.
    Expanded 'prior user rights' for companies using technology before it was patented by another

Penalties

  • 01.
    Loss of patent priority for late filers
  • 02.
    Invalidation of patent claims during Inter Partes Review
  • 03.
    Payment of attorney fees in exceptional litigation cases

Verified Citations

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