(4b) What Is Prior Art in the “First-to-File” Patent System Under the America Invents Act of 2011

On September 16, 2011, the Leahy-Smith America Invents Act was signed into law by President Obama. This law brings sweeping change to the current U.S. patent system, including transforming the current first-to-invent system into a first-inventor-to-file system. The first-to-file provisions of the Act take effect on March 16, 2013. These provisions substantially overhaul what acts are considered to be "prior art" and what acts are excepted. This presentation will provide an in-depth review of the new scope of prior art under the America Invents Act of 2011, focusing on what forms of disclosure prior to the effective filing date of a patent application will prevent the applicant from obtaining a patent in the United States. Case studies will be presented to illustrate the new prior art provisions, their exceptions, and how the new provisions compare to the existing prior art standards. The presentation will touch on how these new prior art provisions compare to the prior art rules of other developed countries having first-to-file systems.