IP: We passed the America Invents Act—now what?

Five tips to help companies prepare for the impending implementation of the AIA’s provisions

This article is the first in a series on the America Invents Act

Like the brave voyagers of Star Trek’s Starship Enterprise, we are about to boldly go where no one has gone before. While based loosely on patent systems around the globe, the America Invents Act (AIA) and rules to be promulgated to affect its implementation, raise myriad new issues of statutory and regulatory interpretation for which existing patent systems offer little guidance. We’ve embarked on a continuing mission to predict and react to the federal courts’ and the U.S. Patent & Trademark Office’s (USPTO) resolution of these issues, and to devise effective prosecution and litigation strategies accordingly.

3. E-File or pay a snail’s tax

To encourage use of the USPTO’s electronic filing system, as of Nov. 15, 2011, those who still choose to file patent applications by express mail or other non-electronic means must pay a surcharge of $400 ($200 for small entities).


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Jeremy Kriegel

Jeremy Kriegel is a partner at Marshall, Gerstein & Borun LLP, a Chicago intellectual property law firm, and relies on his mechanical engineering...

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