• 9 Dec 2011

A New Direction for U.S. Innovation

Caption|REUTERS/Jason ReedOn September 16, 2011, President Obama signed into law the Leahy-Smith America Invents Act, marking the most significant change to the U.S. patent system in more than 50 years. Although experts are debating the impact of the new law, the intent of the extensive reforms is to help businesses bring inventions to market sooner, thus creating new business and, potentially, new jobs.

The patent reform act comprises 37 provisions, with progressive enactment dates that began the day the act was signed, and that will continue through 2015. Among the most significant provisions is the conversion of the U.S. patent system from a first-to-invent system to a first-to-file system (beginning in March 2013), bringing the U.S. in line with the rest of the world’s patent offices. For businesses and inventors, speed to file their patents will be more important than ever.

Critics of the bill argue that the first-to-file system could hamper innovation and weight the patent system toward big business. With first-to-file, the original inventor may not necessarily hold the patent, and small businesses and individuals may be pushed out by larger companies that have greater resources and money to apply for patents. Proponents of the bill say the changes will simplify the registration process for everyone and reduce legal obstacles.

While both sides of the new law are debated, patent professionals will need help in adapting their strategies to the complexities of the new law. To help, Thomson Reuters has created a special AmericaInvents.Info site.

Through this web site, patent professionals will find educational support in the form of webinars and new Westlaw patent publications that examine the provisions of the law and provide insight and analysis that will help guide decision making in light of the new patent reform.