UNDERSTANDING THE AMERICA INVENTS ACT AND ITS IMPLICATIONS FOR PATENTING

摘要

The America Invents Act has made many significant changes to the patenting landscape in the United States. It is a giant step toward a more transparent patent system, where a person skilled in the technology of a particular patent and knowledgeable in patent law can review a patent, reference only publicly accessible sources of information, and make a complete and accurate assessment of the validity of the patent. At its core, the AIA seeks a more objective patent law, where subjective issues like an inventor's contemplations or a patent applicant's intent bear no relevance to any issue of validity or enforceability of the patent. It is a patent law that, in many situations, may require no discovery of the inventor to determine if a claimed invention is patentable.