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United States · Bill · S

S. 23 (112th)

America Invents Act

openUnited States· United States Congress· EN

Introduced

25 January 2011

Last action

—

Status

Held at the desk.

Sponsors

—

Subjects

Discovery layer

Source updated

10 August 2026

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Summary

Patent Reform Act of 2011 - Defines the "effective filing date" of a claimed invention as the actual filing date of the patent or the application for patent containing a claim to the invention (thus replacing the current first-to-invent system), except as specified. Requires the effective filing date for a claimed invention in an application for reissue or reissued patent to be determined by deeming the claim to the invention to have been contained in the patent for which reissue was sought. Amends federal patent law to rewrite provisions concerning: (1) the conditions for patentability, including a one-year grace period (a prior art exception) for inventors to file an application after certain disclosures of the claimed invention by the inventor or another who obtained the subject matter from the inventor; and (2) false marking actions. Sets forth derived patent provisions. Replaces interference proceedings with derivation proceedings. Replaces the Board of Patent Appeals and Interferences with the Patent Trial and Appeal Board. Amends damages provisions to: (1) require court-identified determination factors and methodologies, (2) provide willful infringement standards, and (3) revise specified defenses and evidentiary requirements. Revises and adds various other rights and requirements related to patents, including regarding: (1) post-grant procedures, (2) inter partes review, (3) reexaminations, (4) citation of prior art, (5) U.S. Patent and Trademark Office (USPTO) fee setting authority, (6) preissuance submissions by third parties, and (7) venue. Allows appeals of specified Board decisions to the U.S. Court of Appeals for the Federal Circuit. Establishes supplemental examinations to consider, reconsider, and correct information. Revises provisions concerning the residency of federal circuit judges and the facilities and administrative support which must be provided to them. Defines the term "micro entity" for both an assigned and unassigned application, including specifying for both that an entity qualifies as a small entity if it is so defined in regulations issued by the USPTO Director and has not been named on five or more previously filed patent applications. Deems any strategy for reducing, avoiding, or deferring tax liability insufficient to differentiate a claimed invention from the prior art when evaluating specified conditions of patentability. Prohibits using a failure to disclose the best mode as a basis on which any claim of a patent may be canceled or held invalid or otherwise unenforceable.

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9 official files

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