Release date: September 16, 2011
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America Invents Act: Effective Dates
The America Invents Act (AIA) contains a general “Effective Date” provision in Section 35, which states: “Except as otherwise provided in this Act, the provisions of this Act shall take effect upon the expiration of the 1-year period beginning on the date of the enactment of this Act and shall apply to any patent issued on or after that effective date.” The America Invents Act was enacted in law on September 16, 2011.
The provisions in this “Effective Date” table are ordered based upon the effective date. Provisions with the same effective date are highlighted in the same color.
Provision Section of AIA
Statutory Language for Effective Date
Effective Date
Pro Bono Program
32 This section shall take effect on the date of enactment of this Act.
September 16, 2011
Inter Partes Reexamination transition for
threshold
6 (B) APPLICATION.—The amendments made by this paragraph— (i) shall take effect on the date of the
enactment of this Act; and (ii) shall apply to requests for inter
partes reexamination that are filed on or after such date of enactment, but before the effective date set forth in paragraph (2)(A) of this subsection.
September 16, 2011
Tax strategies are deemed within
the prior art
14 (e) EFFECTIVE DATE; APPLICABILITY.— This section shall take effect on the date of the enactment of this Act and shall apply to any patent application that is pending on, or filed on or after, that date, and to any patent
that is issued on or after that date.
September 16, 2011
Best mode 15 The amendments made by this section shall take effect upon the date of the enactment of this Act and shall apply to proceedings commenced on or after that date.
September 16, 2011
Release date: September 16, 2011
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Provision Section of AIA
Statutory Language for Effective Date
Effective Date
Human organism prohibition
33 Effective Date: (1) In General. — Subsection (a) shall apply to any application for patent that is pending on, or filed on or after, the date of enactment of this Act.
September 16, 2011
Virtual and false marking
16 EFFECTIVE DATE. —The amendment made by this subsection shall apply to any case that is pending on, or commenced on or after that date of enactment of this Act.
September 16, 2011
Venue change from DDC to
EDVA for suits brought under 35
U.S.C. §§ 32, 145, 146,
154 (b)(4)(A), and 293
9 The amendments made by this section shall take effect upon the date of the enactment of this Act and shall apply to any civil action commenced on or after that date.
September 16, 2011
OED Statute of Limitations
3 (3) EFFECTIVE DATE.—The amendment made by paragraph (1) shall apply in any case in which the time period for instituting a proceeding under section 32 of title 35, United States Code, had not lapsed before the date of the enactment of this Act.
September 16, 2011
Fee Setting Authority
10 Except as provided in subsection (h), this section and the amendments made by this section shall take effect upon the date of the enactment of this Act.
September 16, 2011 (Note: new fees will
become effective after rulemaking consistent with
statute)
Establishment of micro-entity
10 Except as provided in subsection (h), this section and the amendments made by this section shall take effect upon the date of the enactment of this Act.
September 16, 2011
Release date: September 16, 2011
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Provision Section of AIA
Statutory Language for Effective Date
Effective Date
Prioritized examination
11 (A) EFFECTIVE DATE . – This subsection shall take effect on the date that is 10 days after the date of enactment of this Act.
September 26, 2011
15% transition surcharge
11 EFFECTIVE DATE AND TERMINATION OF SURCHARGE. – The surcharge provided for in paragraph (1) – (A) shall take effect on the date that is 10 days after the date of enactment of this Act.
September 26, 2011
Reserve fund 22 EFFECTIVE DATE. — The amendments made by this section shall take effect on October 1, 2011.
October 1, 2011
Electronic filing incentive
10 (h)(2) Effective Date. — This subsection shall take effect upon the expiration of the 60 day period beginning on the date of enactment of this Act.
November 15, 2011
International Protection for
Small Businesses Report
31 Not later than 120 days after the date of enactment of this Act, the Director shall issue a report to the Congress ...
January 14, 2012
Prior User Rights Report
3 Not later than the end of the 4-month period beginning on the date of enactment of this Act, the Director shall report, to the Committee.
January 16, 2012
Diversity of Applicants Program
Established
29 The Director shall, not later than the end of the 6-month period beginning on the date of the enactment of this Act, establish methods...
March 16, 2012
Genetic Testing Report
27 Not later than 9 months after the date of enactment of this Act, the Director shall report ... on the findings of the study...
June 16, 2012
Release date: September 16, 2011
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Provision Section of AIA
Statutory Language for Effective Date
Effective Date
Inventor’s oath or declaration
4 EFFECTIVE DATE.—The amendments made by this section shall take effect upon the expiration of the 1-year period beginning on the date of the enactment of this Act and shall apply to any patent application filed before, on, or after that effective date.
September 16, 2012
Third party submission of prior art in a
patent application
8 EFFECTIVE DATE.—The amendments made by this section shall take effect upon the expiration of the 1-year period beginning on the date of the enactment of this Act and shall apply to any patent application filed before, on, or after that effective date.
September 16, 2012
Supplemental examination
12 EFFECTIVE DATE.—The amendments made by this section shall take effect upon the expiration of the 1-year period beginning on the date of the enactment of this Act and shall apply to any patent issued before, on, or after that effective date.
September 16, 2012
Citation of prior art in a patent
file
6 EFFECTIVE DATE.—The amendments made by this subsection shall take effect upon the expiration of the 1- year period beginning on the date of the enactment of this Act and shall apply to any patent issued before, on, or after that effective date.
September 16, 2012
Priority examination for
important technologies
25 No express provision; Section 35 applies.
September 16, 2012
Release date: September 16, 2011
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Provision Section of AIA
Statutory Language for Effective Date
Effective Date
Inter partes review
6 (2) APPLICABILITY.— (A) IN GENERAL.—The amendments
made by subsection (a) shall take effect upon the expiration of the 1- year period beginning on the date of the enactment of this Act and shall apply to any patent issued before, on, or after that effective date.
September 16, 2012
Post-grant review 6 (2) APPLICABILITY.— (A) IN GENERAL.—The amendments
made by subsection (d) shall take effect upon the expiration of the 1- year period beginning on the date of the enactment of this Act and, except as provided in section 18 and in paragraph (3) shall apply only to patents described in section 3(n)(1).
September 16, 2012
Transitional program for
covered business method patents
18 The regulations issued under paragraph (1) shall take effect upon the expiration of the 1-year period beginning on the date of the enactment of this Act.
September 16, 2012
Patent Ombudsman for Small Businesses
Program Established
28 No express provision; Section 35 applies.
September 16, 2012
Effects of First- Inventor-to-File
on Small Business Report
3 Not later than the date that is 1 year after the date of the enactment of this Act, the Chief Counsel shall submit to the Committee.
September 16, 2012
Patent Litigation Report
34 The Comptroller General shall, not later than the date that is 1 year after the date of enactment of this Act, submit to the Committee...
September 16, 2012
Release date: September 16, 2011
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Provision Section of AIA
Statutory Language for Effective Date
Effective Date
First-Inventor-to- File
3 (n) EFFECTIVE DATE.— (1) IN GENERAL.—Except as
otherwise provided in this section, the amendments made by this section shall take effect upon the expiration of the 18-month period beginning on the date of the enactment of this Act, and shall apply to...
March 16, 2013
Derivation proceedings
3 (n) EFFECTIVE DATE.— (1) IN GENERAL.—Except as
otherwise provided in this section, the amendments made by this section shall take effect upon the expiration of the 18-month period beginning on the date of the enactment of this Act, and shall apply to...
March 16, 2013
Repeal of Statutory Invention
Registration
3 EFFECTIVE DATE.—The amendments made by this subsection shall take effect upon the expiration of the 18- month period beginning on the date of the enactment of this Act, and shall apply to any request for a statutory invention registration filed on or after that effective date.
March 16, 2013
Report on Misconduct
Before the Office Report
3 (n) EFFECTIVE DATE.— (1) IN GENERAL.—Except as
otherwise provided in this section, the amendments made by this section shall take effect upon the expiration of the 18-month period beginning on the date of the enactment of this Act.
March 16, 2013 (Reports are due biennially after effective date)
Release date: September 16, 2011
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Provision Section of AIA
Statutory Language for Effective Date
Effective Date
Open Satellite Offices
23 Subject to available resources, the Director shall, not later than the date that is 3 years after the date of the enactment of this Act, establish 3 or more satellite Offices in the United States to carry out the responsibilities of the Office.
September 16, 2014
Virtual Marking Report
16 Not later than the date that is 3 years after the date of the enactment of this Act, the Director shall submit a report to Congress that provides...
September 16, 2014
Satellite Offices Report
23 Not later than the end of the third fiscal year that begins after the date of the enactment of this Act, the Director shall submit a report to Congress.
September 30, 2014
AIA Implementation
Report
26 The Director shall, not later than the date that is 4 years after the date of the enactment of this Act, submit to the Committees...
September 16, 2015