by Mel R. Quintos & Roshni Sitapara
The America Invents Act (AIA, signed into law on September 16, 2011) amends the laws of patentability in order to convert the United States from a “first to invent” system to a “first-inventor-to-file” system. The U.S.PTO has proposed rules on July 26, 2012 in order to amend the rules of practice in patent cases to implement the changes to the conditions of patentability in the AIA. These rule changes become effective on March 16, 2013.
Prior Art under 35 U.S.C. 4 102:
The AIA expands the scope of materials considered prior art during examination. Section 102(a) has been amended so that claims are now subject to rejection by evidence of a prior public use or sale of the invention anywhere in the world, rather than just in the United States. Section 102(b) as amended by the AIA provides for certain exceptions to the provisions of section 102(a). For example, section 102(b) provides for a “grace period” for disclosures made by an inventor or joint inventor within one year of the effective filing date of a claimed invention. —click here to read more—