Patent reform is here: The America Invents Act was signed into law by President Obama this Friday, September 16th. Both a summary and the full text of the Act is available at http://www.govtrack.us/congress/bill.xpd?bill=h112-1249.
Important provisions of the Act:
(i) a modified first to file system;
(ii) a 15% increase in fees (effective immediately);
(iii) changes to the law as to whether patents are invalid or unenforceable for failing to disclose the “best mode” of practicing the claimed invention;
(iv) new administrative avenues for challenging grant of a patent;
(v) patent marking requirements and false marking claims; and
(vi) post patent grant review.
Stay tuned for a discussion of those subjects and the potential impact of these changes for patent owners, inventors, and those subject to suit for patent infringement. In the meantime, if you’d like to discuss how the Act will affect your company specifically, please get in touch with me.