After over 60 years, the Leahy-Smith America Invents Act of 2011 (AIA)
has resulted in the first adjustments to the American patent process
since 1954. Don’t have time to read the 152-page bill? Just keep these
main points in mind when filing:
1. A Need for Speed – On March 16, 2013 the “first
to invent” rule will be replaced by the “first to file” rule, and this
prevision is expected to send applicants off to the races. It will
become critical to not only file quickly but to also provide in-depth
information in your application. The initial filing must support every
feature of the invention that you plan to claim in the future; so file
with care because any mistakes with this step could be detrimental to
your application in the long run.
2. Pay to Play – A new expedited application option
has been available since September 26, 2011, but it comes with a price
tag. While you can happily say goodbye to an average three-year
processing time, receiving a completed application within one year will
cost an extra $4,800.
3. A 50/50 Chance – Feel like a pending application
is detrimental to your interests? Starting on September 16, 2011 the AIA
will allow third parties to submit prior art. But submit with caution –
if the patent examiner is unconvinced by your argument, you run the
risk of actually strengthening the pending application by supplying
additional information.
In addition to the provisions of the new act, the AIA mandates a
number of studies to review the patent system and guide future
provisions. In an effort to develop an equal playing field for all
applicants and focus on worldwide consistency, many of the studies
investigate financial burdens and challenges with international filing.
So while you may just be adjusting to these new provisions, stay alert!
Because the AIA hints that there is even more change is to come.
Tell us how your company has transitioned to accommodate the new patent procedures!