Tuesday, May 12, 2015

Legislation to Reduce Uncertainty in AIA Grace Period Introduced in US Congress

On April 14, 2015, the US House of Representatives introduced a bill to amend the pre-filing grace period provisions of the America Invents Act (AIA). The bill, entitled "Grace Period Restoration Act of 2015" (H.R. 1791), proposes to clarify the standard for determining whether a third-party disclosure subsequent to an inventor disclosure eliminates the grace period. If enacted, the effect of the legislation will be important to inventors and applicants who make an early disclosure of an invention and rely on a one-year grace period to decide whether to pursue patent protection for the invention.

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