To amend title 35, United States Code, to provide for patent reform. Read More


This bill was enacted after being signed by the President on Sep 16, 2011.


Date Introduced
Mar 30, 2011


Bill Text


To amend title 35, United States Code, to provide for patent reform.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,


(a) Short Title.--This Act may be cited as the ``America Invents Act''. (b) Table of Contents.--The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents. Sec. 2. First inventor to file. Sec. 3. Inventor's oath or declaration. Sec. 4. Defense to infringement based on earlier inventor. Sec. 5. Post-grant review proceedings. Sec. 6. Patent Trial and Appeal Board. Sec. 7. Preissuance submissions by third parties. Sec. 8. Venue. Sec. 9. Fee setting authority. Sec. 10. Fees for patent services. Sec. 11. Supplemental examination. Sec. 12. Funding agreements. Sec. 13. Tax strategies deemed within the prior art. Sec. 14. Best mode requirement. Sec. 15. Marking. Sec. 16. Advice of counsel. Sec. 17. Ownership; assignment. Sec. 18. Transitional program for covered business method patents. Sec. 19. Clarification of jurisdiction. Sec. 20. Technical amendments. Sec. 21. Travel expenses and payment of administrative judges. Sec. 22. Patent and Trademark Office funding. Sec. 23. Satellite offices. Sec. 24. Patent Ombudsman Program for small business concerns. Sec. 25. Priority examination for technologies important to American competitiveness. Sec. 26. Designation of Detroit satellite office. Sec. 27. Effective date. Sec. 28. Budgetary effects.


(a) Definitions.--Section 100 of title 35, United States Code, is amended by adding at...

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The Consumer Electronics Association (CEA)® applauds the House of Representatives and Committee on the Judiciary Chairman Lamar Smith on the approval of H.R. 1249, the America Invents Act. The following statement can be attributed to Michael Petricone, CEA senior vice president, government affairs: “CEA is pleased the bill revises a misguided law that allowed lawyers to sue for exorbitant damages in the event patent numbers are listed incorrectly on products. The resulting frivolous, costly lawsuits have deterred innovation and placed additional burdens on those trying to grow our economy. We are also encouraged that this bill will speed the approval of patents and crack down on patent trolls and others who seek to abuse our intellectual property system. "We are gratified the legislation allows the Patent and Trademark Office (PTO) to keep its own revenue. Since 1992, nearly $1 billion in funding has been diverted from the PTO. Meanwhile, the backlog at the PTO is around 1.2 million patent applications and the average wait time for patent approval is three years. These delays mean products are not brought to market in a timely manner and jobs are not created. At a time when Americans are innovating faster than ever, a fully funded and functional patent office is fundamental to our economic success. We encourage House and Senate conferees to go even further and end fee diversion once and for all. “For years, structural problems in our patent system have stifled innovation while imposing unnecessary costs on our crown jewel companies. This bill is an important step toward restoring common sense, encouraging innovation, and reducing harm by those using the present law to hurt our economy and productive companies.”

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Bill Summary

To amend title 35, United States Code, to provide for patent reform.

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