Maximizing the Value of Corporate Intellectual Property Rights Following Enactment of the America Invents Act

July 9, 2012Articles LES Insights
The landmark patent reform signed into law by President Obama on September 16, 2011 creates a host of issues that require new strategies and practices for licensing professionals. At the LES Spring Meeting on May 16, 2012, a panel of professionals discussed considerations for "Maximizing the Value of Corporate Intellectual Property Rights Following Enactment of the America Invents Act."

Although many provisions of the America Invents Act (AIA) have already been implemented, key provisions become effective on September 16, 2012 and March 16, 2013. For example, the effective date of the fundamental change from a "first-to-invent" system to a "first-inventor-to-file" system in the United States is March 16, 2013. Under the new system, the current interference practice is eliminated, and an applicant can no longer "swear behind" a prior art reference by proving an earlier date of invention. Also, the pool of potentially patent-defeating prior art is expanded under the new statute.

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