Passage
of the America Invents Act into law led to the most dramatic changes in
the U.S. patent system in 60 years. These reforms will have a
significant impact on technology innovators such as biotechnology-based
businesses, as detailed in two articles in Industrial Biotechnology, a peer-reviewed journal from Mary Ann Liebert, Inc. The articles are available free online on the Industrial Biotechnology website.
“Industrial
biotechnology companies rely heavily on their patents to attract
investment to fund the research and development necessary to bring
innovative products to consumers. Strong intellectual property
protection is critical for these companies,” says Brent Erickson,
Consulting Editor of Industrial Biotechnology
and Executive Vice President, Industrial & Environmental Section,
Biotechnology Industry Organization (BIO), Washington, DC. “The
Leahy-Smith America Invents Act will strengthen America’s patent system
and drive job growth throughout our economy. The improvements made by
the bill will benefit all sectors of the national economy by enhancing
patent quality and the efficiency, objectivity, predictability and
transparency of the U.S. patent system. Companies will benefit from the
improvements to our nation’s patent system made by this legislation.”
One
of the most critical and far-reaching features of the America Invents
Act (AIA) that will affect all U.S. patent applications filed on or
after March 16, 2013 is the change from a “first-to-invent” to a
“first-inventor-to-file” system. Technology specialists Tiffany Reiter,
PhD and Erin Baker, PhD, and principal patent attorney J. Peter Fasse,
Fish & Richardson (Boston, MA), provide a comprehensive review of
the new system, describing its implications and exceptions. The authors
clearly illustrate how pending and future patent applications will be
affected by the new law in the article “The America Invents Act and Its
Importance to Patent Prosecution in the Biotech Sector.”
Sandra
Thompson, JD, PhD, a specialist in intellectual property law at
Buchalter Nemer (Irvine, CA), clarifies some common misunderstandings
related to the new first-to-file system as well as other aspects of the
AIA. In the article “The America Invents Act and Your Biotech-Based
Business,” Dr. Thompson explains which aspects of the AIA went into
effect immediately and which will be put into practice gradually over an
18-month period, and why this knowledge is crucial for companies
developing novel products and technologies.
The America Invents Act and Its Importance to Patent Prosecution in the Biotech Sector
