America Invents Act The Leahy-Smith America Invents Act (AIA) approved on September 16, 2011, constitutes the most signi‹cant overhaul of the American patent system in decades.

Here is a checklist of a few key changes:

1. Establishing a ‹rst-to-‹le system 2. Eliminating the ability for anyone to ‹le false marking lawsuit 3. Filing by other than inventor for corporations to ‹le oath and declaration 4. Eliminating the best mode requirement 5. Eliminating interference proceedings 6. Expanding prior user rights as a defense to infringement 7. Creating new USPTO proceedings for post-grant review

(Please refer to Figure 14.1 for a complete list of AIA changes and their effective dates.)

While many provisions of the law will not take effect for at least one year after the date of enactment, several key provisions have an immediate effect.