Contributed by Lee Kim, Esq.



The America Invents Act was recently passed by Congress and it is expected that President Obama will sign this legislation into law when it is presented to him.  Historically, the United States considers the first-to-invent as the person with rights to the invention.  However, this Act is expected to align United States patent law with that of other countries, namely, under a first-to-file patent system.  In other words, it will not matter who is the first to invent the invention; rather what will matter is who is the first to file with the patent office.  In addition, another significant change is that there is a procedure for post-grant review of a recently issued patent if a challenger files a petition requesting such a review.