Leahy-Smith America Invents Act Implementation

Leahy-Smith America Invents Act Implementation.

Leahy-Smith America Invents Act Implementation

President Barack Obama signs the America Invents Act September 16, 2011, at Thomas Jefferson High School for Science and Technology in Alexandria, VA

MESSAGE FROM JANET GONGOLA, PATENT REFORM COORDINATOR: USPTO Releases First-Inventor-to-File Training Materials, Including Videos

As you all know, the America Invents Act became law eighteen months ago on September 16, 2011, to modernize the U.S. patent system.  One of the provisions in the AIA converted the United States to a first-inventor-to-file system from a first-to-invent system.  The first-inventor-to-file provisions become effective on March 16, 2013—the eighteen month anniversary of the AIA.

The USPTO has implemented the first-inventor-to-file provisions through a series of rules as well as a guidance document.  We presently are conducting first-inventor-to-file training for our examiners, and I’d like to share a bit about that training with you.

During the months of March and April 2013, we are educating our examiners on the new statutory framework for prior art found in AIA 35 U.S.C. 102 as well as explaining to them how to identify whether an application is subject to examination under the first-inventor-to-file provisions of the AIA or the first-to-invent provisions of pre-AIA law.  We have created two videos and a one-hour live lecture to share this information.

This summer, we will delve deeper into the first-inventor-to-file provisions with more comprehensive training conducted with smaller groups of examiners.  In particular, we will detail our first-inventor-to-file final rules along with numerous practical applications, among other topics.  And between March and the summer, we will offer “just-in-time” training for those examiners who have applications on their dockets to be examined under the first-inventor-to-file provisions.  In case you are interested, we are posting all of our examiner training materials on the AIA micro-site on the “Patents Examination” page under the “First-Inventor-to-File” category:

The agency has selected this staged training process for distinct reasons.  First, most examiners will not have an application to examine under the first-inventor-to-file provisions for several months.  Second, we aim to solidify the first-inventor-to-file subject matter for examiners by using an iterative approach.  That way, examiners will have multiple opportunities to master the subject matter and obtain answers to their questions.

In addition to training our examiners on the first-inventor-to-file provisions, we want to help all of you understand the new prior art framework.  To do so, we have prepared a series of four videos.  Each video explains a particular aspect of the new prior art regime.  More specifically, the first two videos address what constitutes prior art under the AIA, and the second two videos cover exceptions that remove prior art from being available to apply against a claimed invention.  Each video is less than 5 minutes and distills the new prior art framework into its basic components for easy understanding.

Lastly, remember that the agency has a special AIA Help Center to answer your first-inventor-to-file questions.  You can either call 1-855-HELP-AIA (1-855-435-7242) or email the Help Center at HELPAIA@uspto.gov.

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