The Leahy-Smith America Invents Act made significant changes to U.S. patent law when it was enacted on September 16, 2011. Some provisions did not immediately take effect, however, and arguably the most important of these delayed provisions are the new rules under section 102 relating to prior art and the transition from a “first to invent” system to a “first inventor to file” system. This Article provides a guide to understanding the new rules relating to prior art and the impact these changes have on patent prosecution. Then, several strategies and techniques are discussed for managing a patent portfolio in addition to tips on how to take advantage of both pre- and post-AIA rules.
George Wheeler, Patent Portfolio Strategy for the America Invents Act, 12 J. Marshall Rev. Intell. Prop. L. 289 (2013)