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America Invents Act of 2011

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America Invents Act of 2011: Analysis and Cross-References Donald S. Chisum Co-Founder and Lecturer, Chisum Patent Academy

December 5, 2011

SYNOPSIS § 1 Introduction § 2 Overview, Organization and Citation Form § 3 First Inventor to File 3.1 Effective Date; Two Patent Laws for Decades 3.2 "Sense of Congress"; Justifying Conversion to First-to-File; Certainty; Harmonization; Grace Period Difference 3.3 New Section 102 on Novelty 3.3.1 Retained Concepts "Patented "Described in a Printed Publication" "In Public Use, On Sale": Is Non-Public Commercial Activity Included? 3.3.2 Omitted Concepts "Known or Used" "In this Country" Invention Dates; On the Continuing Relevance of "Conception" and "Reduction to Practice"; "Who" Problems and "When" Problems; Derivation; Ownership 3.3.3 New or Revised Concepts "Otherwise Available to the Public" "Claimed Invention"; Generic Claims and Specific Disclosures "Effective Filing Date" 3.3.4 Grace Period: Exception for Inventor Disclosures A Year or Less Before Filing Inventor Disclosures; Derivation Prior Disclosure by Inventor

3.3.5 Senior Right Applications Previously Filed by Others as Prior Art; Effective Filing Date; Hilmer Abolished Avoiding Senior Filed Application Disclosure Subject Matter Obtained from Inventor Subject Matter Previously Publicly Disclosed Common Ownership; Prior Art Disqualifier 3.4 Amended Section 103 on Obviousness 3.5 Statutory Invention Registration Repealed 3.6 Conforming Amendments Required by Section 102 Amendments 3.6.1 Section 172; Design Patents; Right of Priority 3.6.2 Section 287; Exemption for Medical Practitioners 3.6.3 International Applications under the Patent Cooperation Treaty Prior Art Effect; Section 363

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