Obama Expected to Sign Historic America Invents Act

President Obama has pledged his support to and plans to sign the America Invents Act, one of most significant changes to the nation’s patent laws in 60 years. The Act will change the U.S. patent system from a first-to-invent system to a first-inventor-to-file system, which mirrors that of competing nations.

“The U.S. has led the world with innovation and in protecting intellectual property with patents,” explains Tim St. Clair, a patent attorney and shareholder with Turner Padget Graham & Laney, P.A. (South Carolina). “Mimicking other countries in this endeavor in an effort to tweak a few improvements into the system significantly risks damage to the innovative culture of our country. The changes have a significant impact on inventors and businesses, and will require those who seek patents to re-evaluate their practices and procedures for developing and disclosing technology and filing patent applications directed to it.”

The Patent Reform Act, which passed the Senate in an 89-to-9 vote before hitting the President’s desk, was backed by political supporters on both sides of the aisle, and intends to make it easier to get patented products to market and to reduce the complexity and expense of challenges to patent validity.

“This is a fundamental change in our country’s philosophy when it comes to inventions,” adds Ben Klosowski, also a patent attorney and shareholder with Turner Padget. “These changes were primarily backed by larger corporations, particularly those with dedicated R&D departments and sophisticated internal patent procedures. Smaller businesses and lone inventors will need to swiftly but mindfully pick up the pace, because in 18 months, it will become a race to the patent office.”

 Mr. St. Clair and Mr. Klosowski are available for interviews. [09/14/2011]