Leahy-Smith America Invents Act

PL 112-29, September 16, 2011, 125 Stat 284
112th Congress - First Session
Convening January 04, 2011
PL 112–29 [HR 1249]

September 16, 2011

The Leahy–Smith America Invents Act (or "AIA") is an Act by the U.S. Congress to provide for patent reform. The Act consists of 37 different sections that can be addressed directly through the section list set forth below. The full text of the Act can be found on the full-text page.

The majority of the AIA includes amendments to the U.S. patent statute, which is set forth in Chapter 35 of the U.S. Code (35 U.S.C.). To assist in understanding how the AIA has amended the patent statute, BitLaw has developed a revised set of 35 U.S.C. that allows practioners to see how the AIA has changed U.S. patent law. Other sections of the AIA implement changes to U.S. patent law without directly amending the statute. Particular attention should be paid to Section 14 (patents relating to tax strategies are considered within the prior art), Section 18 (a transitional program for the review of certain business method patents), and Section 33 (preventing patent claims that cover human organisms.


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

(a) SHORT TITLE.--This Act may be cited as the “Leahy–Smith 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. Definitions.
SEC. 3. First inventor to file.
SEC. 4. Inventor's oath or declaration.
SEC. 5. Defense to infringement based on prior commercial use.
SEC. 6. Post–grant review proceedings.
SEC. 7. Patent Trial and Appeal Board.
SEC. 8. Preissuance submissions by third parties.
SEC. 9. Venue.
SEC. 10. Fee setting authority.
SEC. 11. Fees for patent services.
SEC. 12. Supplemental examination.
SEC. 13. Funding agreements.
SEC. 14. Tax strategies deemed within the prior art.
SEC. 15. Best mode requirement.
SEC. 16. Marking.
SEC. 17. Advice of counsel.
SEC. 18. Transitional program for covered business method patents.
SEC. 19. Jurisdiction and procedural matters.
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. Designation of Detroit satellite office.
SEC. 25. Priority examination for important technologies.
SEC. 26. Study on implementation.
SEC. 27. Study on genetic testing.
SEC. 28. Patent Ombudsman Program for small business concerns.
SEC. 29. Establishment of methods for studying the diversity of applicants.
SEC. 30. Sense of Congress.
SEC. 31. USPTO study on international patent protections for small businesses.
SEC. 32. Pro bono program.
SEC. 33. Limitation on issuance of patents.
SEC. 34. Study of patent litigation.
SEC. 35. Effective date.
SEC. 36. Budgetary effects.
SEC. 37. Calculation of 60–day period for application of patent term extension.