Senate Passes the “Leahy-Smith America Invents Act”

On September 8, 2011, the Senate passed the Leahy-Smith America Invents Act (H.R. 1249) ("the Act") by a vote of 89 to 9.  The Act which had previously been passed by the House of Representatives in June is expected to be signed into law by the President in the coming days and will become the biggest overhaul of the patent laws in over 60 years.

This Stroock Special Bulletin briefly summarizes the most noteworthy substantive changes that will become effective immediately upon signing of the Act, and includes a bulletin from the United States Patent and Trademark Office that identifies those amendments relevant to Patent Office practice that will become effective within 60 days of enactment.