Table of Contents

H.R. 1249, the America Invents Act

• Sec. 1. Short title; table of contents. 2
• Sec. 2. Definitions. 3
• Sec. 3. First inventor to file. 4
• Sec. 4. Inventor’s oath or declaration. 26
• Sec. 5. Defense to infringement based on prior commercial use. 34
• Sec. 6. Post-grant review proceedings. 40
• Sec. 7. Patent Trial and Appeal Board. 75
• Sec. 8. Preissuance submissions by third parties. 83
• Sec. 9. Venue. 84
• Sec. 10. Fee setting authority. 85
• Sec. 11. Fees for patent services. 93
• Sec. 12. Supplemental examination. 109
• Sec. 13. Funding agreements. 114
• Sec. 14. Tax strategies deemed within the prior art. 114
• Sec. 15. Best mode requirement. 116
• Sec. 16. Marking. 117
• Sec. 17. Advice of counsel. 119
• Sec. 18. Transitional program for covered business method patents. 119
• Sec. 19. Jurisdiction and procedural matters 125
• Sec. 20. Technical amendments. 129
• Sec. 21. Travel expenses and payment of administrative judges. 136
• Sec. 22. Patent and Trademark Office funding. 137
• Sec. 23. Satellite offices. 138
• Sec. 24. Designation of Detroit satellite office. 140
• Sec. 25. Priority examination for important technologies. 141
• Sec. 26. Study on implementation. 142
• Sec. 27. Study on genetic testing. 142
• Sec. 28. Patent Ombudsman Program for small business concerns. 144
• Sec. 29. Establishment of methods for studying the diversity of applicants. 144
• Sec. 30. Sense of Congress. 145
• Sec. 31. USPTO study on international patent protections for small businesses. 145
• Sec. 32. Pro bono program. 146
• Sec. 33. Limitation on issuance of patents. 147
• Sec. 34. Study of patent litigation. 147
• Sec. 35. Effective date. 149
• Sec. 36. Budgetary effects. 149
• Sec. 37. Calculation of 60-day period for application of patent term extension. 149