When President Barack Obama signed the America Invents Act (AIA) into law six weeks ago, he did more than just implement the largest patent reform since 1836. The AIA aims to help small business secure patent protection for their inventions in a variety of ways. The Act offers not only favorable legal provisions, but also establishes studies and programs to further investigate how Congress may assist small businesses in the future. The provisions in the AIA help simplify the patent law, promote the disclosure of inventions, and establish procedures to remove bad patents from the intellectual property (IP) system early.
By introducing provisions that speed the patent application process and enhance the quality review of patent applications, the AIA enables applicants to secure an examination of an application in one-third the regular time from an average of 3 years to an average of 12 months. Additional provisions will provide an avenue that small businesses may use to challenge bad patents and receive a decision within 12 months. This changes the current practice where decisions on patent validity are determined through district court litigation and may take several years at significantly greater expense.