Sweeping changes are about to occur to the U.S. Patent system, following recent passage of a major bill by the U.S. Congress. The America Invents Act (the “AIA”), significantly reforms the U.S. patent system and will result in major changes to the way that patents are awarded, reviewed and asserted.
We’re advised that President Obama is to sign the new bill into law shortly and we will keep you posted here on details for implementing the new system.
The AIA aims to harmonize the U.S. patent system with the patent systems of countries around the world, including Canada, by adopting a “first-to-file” system.
Changes have also been made relating to prior user rights, false marking, and business method patents.
Apparently modelled on the limited grace period scheme provided by the Canadian Patent Act, a claimed invention is not novel if it is "otherwise available to the public" before the effective filing date. However, disclosures made one year or less before the effective filing date, by the inventor or joint inventor or "another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor", will not be considered 'prior art.'
The Act also has provisions concerning patent claims directed to or encompassing a human organism, as well as business method patents and tax strategy patents.
If you have any questions, please do not hesitate to contact us and we will be pleased to assist you. In the meantime, stay tuned!