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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 ChisumPatentAcademy.com

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 3.3.1.1 "Patented 3.3.1.2 "Described in a Printed Publication" 3.3.1.3 "In Public Use, On Sale": Is Non-Public Commercial Activity Included? 3.3.2 Omitted Concepts 3.3.2.1 "Known or Used" 3.3.2.2 "In this Country" 3.3.2.3 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 3.3.3.1 "Otherwise Available to the Public" 3.3.3.2 "Claimed Invention"; Generic Claims and Specific Disclosures 3.3.3.3 "Effective Filing Date" 3.3.4 Grace Period: Exception for Inventor Disclosures A Year or Less Before Filing 3.3.4.1 Inventor Disclosures; Derivation 3.3.4.2 Prior Disclosure by Inventor

3.3.5 Senior Right 3.3.5.1 Applications Previously Filed by Others as Prior Art; Effective Filing Date; Hilmer Abolished 3.3.5.2 Avoiding Senior Filed Application Disclosure 3.3.5.2.1 Subject Matter Obtained from Inventor 3.3.5.2.2 Subject Matter Previously Publicly Disclosed 3.3.5.2.3 Common Ownership; Prior Art Disqualifier 3.4 Amended Section 103 on Obviousness 3.5 Statutory Invention Registration Repealed 3.6 Conforming Amendments Required by Section 102 Amendments 3.6.1 Section 172; Design Patents; Right of Priority 3.6.2 Section 287; Exemption for Medical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 3.6.3.1 Prior Art Effect; Section 363 3.6.3.2

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