How the America Invents Act Impacts Inventions Made with Government Funds (PDF-71kb)
How the America Invents Act Impacts Inventions Made with Government Funds Authors: James G. Gatto, Patrick A. Doody, Richard P. HadornOn September 16, 2011, President Obama signed into law the Leahy-Smith America Invents Act, H.R. 1249 (the "AIA"), a landmark patent-reform bill with far-reaching effects on U.S. patent law. The AIA's provisions take effect at various times, ranging from the date of enactment to 18 months thereafter. This advisory addresses three provisions of the AIA of which government contractors and others using government funds to invent should be mindful.
The three AIA provisions addressed below relate to the following:
- The patent-infringement defense based on prior commercial use
- The ability to retain greater royalties from subject inventions by nonprofit operators of government-owned facilities
- The timeliness of electing to retain title to subject inventions
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