The America Invents Act (AIA), signed into law in September 2011, affects decisions on what should be patented, when a patent application should be filed, and how a patent application should be made.  Although the AIA provision transforming the U.S. patent law to a first-inventor-to-file regime will apply to applications having an initial, effective filing date of March 16, 2013 or later, the pre-AIA first-to-invent regime will continue to apply to applications that have the benefit of an earlier-filed application.  Therefore, a patent applicant must synthesize clear business objectives with a detailed understanding of provisions under both the AIA and the prior law in order to maximize the value of technological innovations.

AIA's effect on patenting strategies

244th National Meeting (2012)

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