About The America Invents Act

8:23 pm Business Planning

idea 150x150 About The America Invents ActLast month, the America Invents Act was signed into law, which is the most comprehensive reform of the U.S. patent system in the past six decades.

The AIA enjoyed widespread partisan support, and is intended to unclog both the patent and the court system by putting measures in place to make it quicker to both obtain and validate a patent.

Many times, patent litigation is used as a weapon in corporate commerce – the AIA creates a system for challenging the validity of a patent that is anticipated to be much quicker and cheaper than going to court.

In addition, the U.S. patent system will undergo changes to bring it into line with other systems around the world, so American business can more easily protect its patents worldwide.  Under the AIA, the first inventor to file a patent application is the one who may receive the patent.

The AIA also makes it more difficult to legally challenge the sale of products with expired patent numbers.  The Act now limits standing to those who can prove actual harm for an out-of-date patent.

A benefit for inventors is that the Act now allows patent owners to protect their patents by providing additional documentation when patents are challenged on the basis of alleged inequitable conduct.

The various provisions of the AIA have differing effective dates; the U.S. Patent Office website has a helpful chart you can access to discover when each provision of the Act becomes effective.

Our business succession lawyers understand that protecting your business is very seriously.  We can help you structure your company and operations policies to ensure your business intellectual property is fully protected. Let our Costa Mesa law offices help you get started by contacting us today.

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