Timing of Changes due to Leahy-Smith America Invents Act

This is a handy table of timings and applicability of the various changes in the Act.

 

Item Date of Change and Applicability

 

Fee Surcharge (15%) September 26, 2011

For all fees paid after this date

First to File March 16, 2013

For all patent applications having an effective filing date on or after this date

Prioritized Examinations September 26, 2011

Applications filed after this date, upon payment of fees, or request based on economy/competitiveness regulations

Public use/on sale bar

international

March 16, 2013

For all patent applications having an effective filing date on or after this date

Derivation Proceedings March 16, 2013

For all patent applications having an effective filing date on or after this date

Submission Of Art and

Argument by Third Party

September 16, 2012

For all patents, then pending, or later filed

Assignee May File Patent

without inventor signature

September 16, 2012

All patent applications filed on or after this date.

Elimination of Tax Strategy & Human Organism patents September 16, 2011

Applies to all patents pending on, filed on, or filed after this date.

Prior Commercial Use Defense September 16, 2011

Applies to all patents issued on or after this date

Post Grant Review for Business Method Patents September 16, 2012

Applies to all patents, regardless of issue date.

Post Grant Review September 16, 2012

Applies to all patents issued less than nine months before, on, or after this date.

Inter Partes Review September 16, 2012

Applies to all requests for inter partes reexam filed after this date.

Supplemental Examination September 16, 2012

Applies to any patent issued before, on, or after this date

Elimination of Best Mode In Litigation September 16, 2011

For any proceeding commenced on or after this date.

Restriction of Joinder and Venue September 16, 2011

For any proceeding commenced on or after this date.

Virtual Marking and restriction of

Marking cases

September 16, 2011

For any proceeding pending on, or commenced on or after this date.