Leahy-Smith America Invents Act
Section 1

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A patent reform act passed by Congress on September 16, 2011.

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PL 112-29,
September 16, 2011,
125 Stat 284
112th Congress - First Session Convening
January 04, 2011
PL 112–29 [HR 1249]

September 16, 2011

An Act To amend title 35, United States Code, to provide for patent reform.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,


(a) SHORT TITLE.--This Act may be cited as the “Leahy–Smith America Invents Act”.

(b) TABLE OF CONTENTS.--The table of contents for this Act is as follows:

SEC. 1. Short title; table of contents.

SEC. 2. Definitions.

SEC. 3. First inventor to file.

SEC. 4. Inventor's oath or declaration.

SEC. 5. Defense to infringement based on prior commercial use.

SEC. 6. Post–grant review proceedings.

SEC. 7. Patent Trial and Appeal Board.

SEC. 8. Preissuance submissions by third parties.

SEC. 9. Venue.

SEC. 10. Fee setting authority.

SEC. 11. Fees for patent services.

SEC. 12. Supplemental examination.

SEC. 13. Funding agreements.

SEC. 14. Tax strategies deemed within the prior art.

SEC. 15. Best mode requirement.

SEC. 16. Marking.

SEC. 17. Advice of counsel.

SEC. 18. Transitional program for covered business method patents.

SEC. 19. Jurisdiction and procedural matters.

SEC. 20. Technical amendments.

SEC. 21. Travel expenses and payment of administrative judges.

SEC. 22. Patent and Trademark Office funding.

SEC. 23. Satellite offices.

SEC. 24. Designation of Detroit satellite office.

SEC. 25. Priority examination for important technologies.

SEC. 26. Study on implementation.

SEC. 27. Study on genetic testing.

SEC. 28. Patent Ombudsman Program for small business concerns.

SEC. 29. Establishment of methods for studying the diversity of applicants.

SEC. 30. Sense of Congress.

SEC. 31. USPTO study on international patent protections for small businesses.

SEC. 32. Pro bono program.

SEC. 33. Limitation on issuance of patents.

SEC. 34. Study of patent litigation.

SEC. 35. Effective date.

SEC. 36. Budgetary effects.

SEC. 37. Calculation of 60–day period for application of patent term extension.