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United States · Law · HR

H.R. 1249 (112th)

Leahy-Smith America Invents Act

enactedUnited States· United States Congress· EN

Introduced

30 March 2011

Last action

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Status

Became Public Law No: 112-29.

Sponsors

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Subjects

Discovery layer

Source updated

8 June 2026

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Summary

America Invents Act - Amends federal patent law to define 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. Establishes 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. Revises provisions concerning novelty and nonobvious subject matter. Sets forth derived patent provisions. Replaces: (1) interference proceedings with derivation proceedings, and (2) the Board of Patent Appeals and Interferences with the Patent Trial and Appeal Board (the Board). Modifies the earlier inventor to file defense to infringement. Allows a person who is not the patent owner to request to cancel as unpatentable one or more claims of patent by filing a petition with the U.S. Patent and Trademark Office (USPTO) to institute: (1) post-grant review on any ground that could be raised under specified provisions relating to invalidity of the patent or any claim, and (2) inter partes review (replaces inter partes reexamination procedures) on specified novelty and nonobvious subject matter grounds based on prior art consisting of patents and printed publications. Prohibits the USPTO Director (Director) from authorizing: (1) inter partes review unless information in the petition and any response shows a substantial new question of patentability exists; or (2) post-grant review unless information in the petition, if not rebutted, would demonstrate that it is more likely than not that at least one of the challenged claims is unpatentable, or unless such petition raises a novel or unsettled legal question important to other patents or applications. Allows: (1) preissuance submissions by third parties, and (2) citations of prior art and written statements by any person at any time. Allows appeals to the U.S. Court of Appeals for the Federal Circuit (CAFC) from specified Board decisions, including examinations, reexaminations, post-grant and inter partes reviews, and derivation proceedings. Sets forth: (1) USPTO fee setting authority, (2) reduced fees for qualified small entities and micro entities, and (3) filing fees and other specified fees. 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. Revises and adds provisions addressing: (1) false marking actions, (2) virtual markings, (3) best mode requirements, (4) supplemental examinations, and (5) invention-related royalties given to small businesses when a nonprofit organization has a funding agreement with the federal government. Requires the Director to establish a four-year transitional post-grant review proceeding for reviewing the validity of covered business-method patents. Denies state courts jurisdiction over legal actions relating to patents, plant variety protection, or copyrights. Grants the CAFC exclusive jurisdiction of appeals relating to patents or plant variety protection. Establishes the USPTO Public Enterprise Fund (replaces the Appropriation Account). Requires the Director to establish at least three U.S. satellite offices for the USPTO. Allows the Director to establish a Patent Ombudsman Program. Authorizes the USPTO to establish prioritized examination of applications important to the economy or national competitiveness.

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17 official files

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