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Re-Invention: Major Changes to Patent Law

Posted on October 11th, 2011 | Author: Andrew N. Parfomak

On September 8, 2011, the U.S. Senate passed the Leahy-Smith “America Invents Act” — perhaps the most significant reform of U.S. patent law in living memory. The Act was signed into law by President Obama on September 16, 2011 which enacted its provisions. Certain provisions have immediate effect, while others will come into effect at a later date, typically 12 months (September 16, 2012) or 18 months from (March 16, 2013) from the date of the President’s signature. Please click here for a summary of the major points of the Act. Note, the Act, however, does not include all of the final provisions and rules, as parts of the Act include authorizations for subsequent rulemaking to be made by the Commissioner for Patents. These are expected to be promulgated within the next several months, and are expected to be published in the U.S. Federal Register for public review and comment prior to their enactment.