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America Invents Act: Effective Dates (30 Sept 2011), United States of America

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Latest Version in WIPO Lex
Details Details Year of Version 2011 Dates Adopted: September 30, 2011 Type of Text IP Legal Literature Subject Matter Patents (Inventions) Notes This document is published on behalf of United States Patents and Trademark Office (USPTO) under the United States Department of Commerce. From the Foreword:
"The America Invents Act (AIA) contains a general “Effective Date” provision in Section 35, which states: “Except as otherwise provided in this Act, the provisions of this Act shall take effect upon the expiration of the 1-year period beginning on the date of the enactment of this Act and shall apply to any patent issued on or after that effective date.” The America Invents Act was enacted in law on September 16, 2011."

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Main text(s) Main text(s) English America Invents Act: Effective Dates (30 Sept 2011)        

Release date: September 16, 2011

1

America Invents Act: Effective Dates

The America Invents Act (AIA) contains a general “Effective Date” provision in Section 35, which states: “Except as otherwise provided in this Act, the provisions of this Act shall take effect upon the expiration of the 1-year period beginning on the date of the enactment of this Act and shall apply to any patent issued on or after that effective date.” The America Invents Act was enacted in law on September 16, 2011.

The provisions in this “Effective Date” table are ordered based upon the effective date. Provisions with the same effective date are highlighted in the same color.

Provision Section of AIA

Statutory Language for Effective Date

Effective Date

Pro Bono Program

32 This section shall take effect on the date of enactment of this Act.

September 16, 2011

Inter Partes Reexamination transition for

threshold

6 (B) APPLICATION.—The amendments made by this paragraph— (i) shall take effect on the date of the

enactment of this Act; and (ii) shall apply to requests for inter

partes reexamination that are filed on or after such date of enactment, but before the effective date set forth in paragraph (2)(A) of this subsection.

September 16, 2011

Tax strategies are deemed within

the prior art

14 (e) EFFECTIVE DATE; APPLICABILITY.— This section shall take effect on the date of the enactment of this Act and shall apply to any patent application that is pending on, or filed on or after, that date, and to any patent

that is issued on or after that date.

September 16, 2011

Best mode 15 The amendments made by this section shall take effect upon the date of the enactment of this Act and shall apply to proceedings commenced on or after that date.

September 16, 2011

Release date: September 16, 2011

2

Provision Section of AIA

Statutory Language for Effective Date

Effective Date

Human organism prohibition

33 Effective Date: (1) In General. — Subsection (a) shall apply to any application for patent that is pending on, or filed on or after, the date of enactment of this Act.

September 16, 2011

Virtual and false marking

16 EFFECTIVE DATE. —The amendment made by this subsection shall apply to any case that is pending on, or commenced on or after that date of enactment of this Act.

September 16, 2011

Venue change from DDC to

EDVA for suits brought under 35

U.S.C. §§ 32, 145, 146,

154 (b)(4)(A), and 293

9 The amendments made by this section shall take effect upon the date of the enactment of this Act and shall apply to any civil action commenced on or after that date.

September 16, 2011

OED Statute of Limitations

3 (3) EFFECTIVE DATE.—The amendment made by paragraph (1) shall apply in any case in which the time period for instituting a proceeding under section 32 of title 35, United States Code, had not lapsed before the date of the enactment of this Act.

September 16, 2011

Fee Setting Authority

10 Except as provided in subsection (h), this section and the amendments made by this section shall take effect upon the date of the enactment of this Act.

September 16, 2011 (Note: new fees will

become effective after rulemaking consistent with

statute)

Establishment of micro-entity

10 Except as provided in subsection (h), this section and the amendments made by this section shall take effect upon the date of the enactment of this Act.

September 16, 2011

Release date: September 16, 2011

3

Provision Section of AIA

Statutory Language for Effective Date

Effective Date

Prioritized examination

11 (A) EFFECTIVE DATE . – This subsection shall take effect on the date that is 10 days after the date of enactment of this Act.

September 26, 2011

15% transition surcharge

11 EFFECTIVE DATE AND TERMINATION OF SURCHARGE. – The surcharge provided for in paragraph (1) – (A) shall take effect on the date that is 10 days after the date of enactment of this Act.

September 26, 2011

Reserve fund 22 EFFECTIVE DATE. — The amendments made by this section shall take effect on October 1, 2011.

October 1, 2011

Electronic filing incentive

10 (h)(2) Effective Date. — This subsection shall take effect upon the expiration of the 60 day period beginning on the date of enactment of this Act.

November 15, 2011

International Protection for

Small Businesses Report

31 Not later than 120 days after the date of enactment of this Act, the Director shall issue a report to the Congress ...

January 14, 2012

Prior User Rights Report

3 Not later than the end of the 4-month period beginning on the date of enactment of this Act, the Director shall report, to the Committee.

January 16, 2012

Diversity of Applicants Program

Established

29 The Director shall, not later than the end of the 6-month period beginning on the date of the enactment of this Act, establish methods...

March 16, 2012

Genetic Testing Report

27 Not later than 9 months after the date of enactment of this Act, the Director shall report ... on the findings of the study...

June 16, 2012

Release date: September 16, 2011

4

Provision Section of AIA

Statutory Language for Effective Date

Effective Date

Inventor’s oath or declaration

4 EFFECTIVE DATE.—The amendments made by this section shall take effect upon the expiration of the 1-year period beginning on the date of the enactment of this Act and shall apply to any patent application filed before, on, or after that effective date.

September 16, 2012

Third party submission of prior art in a

patent application

8 EFFECTIVE DATE.—The amendments made by this section shall take effect upon the expiration of the 1-year period beginning on the date of the enactment of this Act and shall apply to any patent application filed before, on, or after that effective date.

September 16, 2012

Supplemental examination

12 EFFECTIVE DATE.—The amendments made by this section shall take effect upon the expiration of the 1-year period beginning on the date of the enactment of this Act and shall apply to any patent issued before, on, or after that effective date.

September 16, 2012

Citation of prior art in a patent

file

6 EFFECTIVE DATE.—The amendments made by this subsection shall take effect upon the expiration of the 1- year period beginning on the date of the enactment of this Act and shall apply to any patent issued before, on, or after that effective date.

September 16, 2012

Priority examination for

important technologies

25 No express provision; Section 35 applies.

September 16, 2012

Release date: September 16, 2011

5

Provision Section of AIA

Statutory Language for Effective Date

Effective Date

Inter partes review

6 (2) APPLICABILITY.— (A) IN GENERAL.—The amendments

made by subsection (a) shall take effect upon the expiration of the 1- year period beginning on the date of the enactment of this Act and shall apply to any patent issued before, on, or after that effective date.

September 16, 2012

Post-grant review 6 (2) APPLICABILITY.— (A) IN GENERAL.—The amendments

made by subsection (d) shall take effect upon the expiration of the 1- year period beginning on the date of the enactment of this Act and, except as provided in section 18 and in paragraph (3) shall apply only to patents described in section 3(n)(1).

September 16, 2012

Transitional program for

covered business method patents

18 The regulations issued under paragraph (1) shall take effect upon the expiration of the 1-year period beginning on the date of the enactment of this Act.

September 16, 2012

Patent Ombudsman for Small Businesses

Program Established

28 No express provision; Section 35 applies.

September 16, 2012

Effects of First- Inventor-to-File

on Small Business Report

3 Not later than the date that is 1 year after the date of the enactment of this Act, the Chief Counsel shall submit to the Committee.

September 16, 2012

Patent Litigation Report

34 The Comptroller General shall, not later than the date that is 1 year after the date of enactment of this Act, submit to the Committee...

September 16, 2012

Release date: September 16, 2011

6

Provision Section of AIA

Statutory Language for Effective Date

Effective Date

First-Inventor-to- File

3 (n) EFFECTIVE DATE.— (1) IN GENERAL.—Except as

otherwise provided in this section, the amendments made by this section shall take effect upon the expiration of the 18-month period beginning on the date of the enactment of this Act, and shall apply to...

March 16, 2013

Derivation proceedings

3 (n) EFFECTIVE DATE.— (1) IN GENERAL.—Except as

otherwise provided in this section, the amendments made by this section shall take effect upon the expiration of the 18-month period beginning on the date of the enactment of this Act, and shall apply to...

March 16, 2013

Repeal of Statutory Invention

Registration

3 EFFECTIVE DATE.—The amendments made by this subsection shall take effect upon the expiration of the 18- month period beginning on the date of the enactment of this Act, and shall apply to any request for a statutory invention registration filed on or after that effective date.

March 16, 2013

Report on Misconduct

Before the Office Report

3 (n) EFFECTIVE DATE.— (1) IN GENERAL.—Except as

otherwise provided in this section, the amendments made by this section shall take effect upon the expiration of the 18-month period beginning on the date of the enactment of this Act.

March 16, 2013 (Reports are due biennially after effective date)

Release date: September 16, 2011

7

Provision Section of AIA

Statutory Language for Effective Date

Effective Date

Open Satellite Offices

23 Subject to available resources, the Director shall, not later than the date that is 3 years after the date of the enactment of this Act, establish 3 or more satellite Offices in the United States to carry out the responsibilities of the Office.

September 16, 2014

Virtual Marking Report

16 Not later than the date that is 3 years after the date of the enactment of this Act, the Director shall submit a report to Congress that provides...

September 16, 2014

Satellite Offices Report

23 Not later than the end of the third fiscal year that begins after the date of the enactment of this Act, the Director shall submit a report to Congress.

September 30, 2014

AIA Implementation

Report

26 The Director shall, not later than the date that is 4 years after the date of the enactment of this Act, submit to the Committees...

September 16, 2015


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WIPO Lex No. US220