Understanding the America Invents Act: Strict Novelty Provisions and Post-Grant Review

The America Invents Act (AIA), passed in 2011, brought significant changes to the U.S. patent system.

The Core of Novelty: What Changed Under the AIA?

Under the pre-AIA system, the U.S. followed a "first-to-invent" system. The AIA shifted to a "first-to-file" approach.

Novelty Under the AIA

An invention cannot be patented if it has been disclosed in prior art before the filing date of the patent application.

Strict Novelty Provisions

• Global Competition
• Early Disclosure Risks
• Prior Art Search Necessity

Post-Grant Review (PGR)

PGR provides a way for a third party to challenge the validity of a patent within nine months of issuance.

Benefits of Post-Grant Review

• Early Challenge
• Flexibility in Grounds for Challenge
• Cost and Time-Effective