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Articles & Updates – Details

14 September 2011

US Senate Passes Leahy-Smith America Invents Act

US Senate Passes Leahy-Smith America Invents Act

Following the US House of Representatives approval of the Leahy-Smith America Invents Act (AIA) in June 2011, the US Senate has recently passed the draft legislation without amendment by a margin of 89-9. The enrolled Bill will now go before the President who is expected to sign the Bill into law shortly.

This legislation will bring about fundamental changes to the way that novelty and inventive step requirements are assessed. Perhaps the most important change will see the US adopt a first-to-file system similar to that used in Europe and many national patent systems throughout the world.

The more substantive provisions of the Act are not expected to take effect until 12 to 18 months after enactment.

Useful links:

D Young & Co patent newsletter article (August 2011): Historic Changes to the US Patent System - House of Representatives Approves America Invents Act

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