The New U.S. Patent Law – Second Edition

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On September 16, 2011, the Leahy-Smith America Invents Act, Pub.L. 112-29 (“AIA”), was signed into law. The Act imposed the most sweeping changes to the U.S. patent law in almost 60 years.

The First Edition of this publication set forth in “black line” format each change to Title 35 of the United States Code (patents) effected by the America Invents Act.  Insertions were identified by underline; deletions were identified by strike through..

The New Second Edition builds on the First Edition. Like the First Edition, the Second Edition shows, in black line format, the changes to Title 35 resulting from the AIA. However, the Second Edition has been updated to show the changes effected by more recent legislation — the Patent Law Treaties Implementation Act of 2012, P.L. 112-211 (“PLTIA”) and the Leahy-Smith America Invents Technical Corrections Act of 2013, P.L. 112-274 (“TCA”). The PLTIA and TCA together made over 130 changes to the U.S. Patent law, many of which are significant.

The changes to Title 35 effected by the PLTIA and TCA are displayed by a wavy underline; deletions are identified by a wavy strike through. This enables the reader to visualize the successive changes to Title 35, including changes by the PLTIA and the TCA to text which had been amended by the AIA.

Each of the three statutes has a provision setting forth the date on which the statute is to take effect and the scope of its applicability. Each statute also has numerous exceptions. These general “effective date” and “applicability” provisions and many of the exceptions are summarized in an extensive six page Table.

This is an invaluable tool for understanding the new patent regime. It is an essential reference for every practicing patent attorney, patent agent or business involved with the US patent system. Contents include:

• U.S. Code, Title 35 (The U.S. Patent Law), as amended by the AIA, PLTIA and TCA
• U.S. Code, Title 28 (Judicial Procedure – patent related provisions), as amended by the AIA, PLTIA and TCA
• The U.S. Code is current thru Jan. 16, 2014, P.L. 113-72
• Code is set forth in “black line” format which shows each change to the U.S. Patent Law
• Full citation to source legislation follows each code section
• Extensive Table of General Effective Dates, Applicability and Exceptions covering the AIA, PLTIA and TCA
• Official CRS summary of the AIA, PLTIA and TCA
• Excerpts from House Judiciary Committee Report 112-98 dated June 1, 2011. The report sets forth the background and the need for the AIA and explains many of the changes it effected.

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