IP Alerts

IP Alert
IP Alert: USPTO Solicits Comments Regarding America Invents Act

July 27, 2011

The U.S. Patent and Trademark Office (USPTO) is requesting comments regarding potential rulemaking in view of the Leahy-Smith America Invents Act (AIA).

On June 23, 2011, the U.S. House of Representatives passed the AIA. If enacted into law, the AIA will make many sweeping changes to U.S. patent law. The U.S. Senate is now considering the AIA and may modify some provisions of this legislation.

Although enactment of the AIA into law is not certain, the USPTO desires preliminary comments on how best to implement the changes contemplated by the AIA. More specifically, the USPTO lists several topics in several subject areas where rule changes may be needed. These subject areas include patent issues, short-term patent issues, Board of Patent Appeals and Interferences changes, fees and budgetary issues, and issues regarding executing congressionally mandated studies and reports.

Interested parties may submit comments by email addressed to aia_implementation@uspto.gov. Fitch Even attorneys are monitoring the progress of the AIA and the implementation of responsive rule changes at the USPTO, and will report when any rule changes are officially proposed.

For more information, please contact Fitch Even partner Nicholas T. Peters.

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