Taking Advantage of Changing Patent Landscapes

The America Invents Act (AIA), signed into law by President Obama on Sept. 16, 2011, is widely thought to constitute the most significant set of changes to the American patent system since the 1950s. While the most publicized change is the shift from a “first-to-invent” to a “first-to-file,” system, the AIA ushers in a number of additional changes that will be phased in over the next 18 months (see www.uspto.gov/aia_implementation/aia-effective-dates.pdf for a table providing effective dates for each new provision). The exact impact of the AIA may not be known for some time, as both the federal government and the courts will no doubt provide guidance on the new law's implementation and interpretation. What is clear, however, is that in-house legal departments that are proactive in revisiting their internal strategies will be in the best position to maximize the value of their intellectual property assets in light of the AIA.