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America Invents Act receives cautious welcome

Nature Biotechnology volume 29, pages 953–954 (2011)Cite this article

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The law is a “compromise, not a perfect bill, and not everyone got what they wanted, including us,” says Hans Sauer, who is associate general counsel for intellectual property at the Biotechnology Industry Organization (BIO) in Washington, DC. Nonetheless, it is “good, the best we've seen over a six-year history of trying to get reform into place and through several congresses,” he says. “Where it started is very different from where it ended. Importantly, it is missing many potentially harmful proposals that were considered.” (See Box 1 for key provisions.)

Perhaps the key changed feature in the new law is the shift in the US patent system from a 'first-to-invent' to a 'first-to-file' system—albeit a change that will not take effect until March 16, 2013, a full 18 months after the statute was signed. Although many biotech companies as well as university researchers are already filing the US applications on a 'first-to-file' basis to protect international rights, this change is an important step toward broader global harmonization of patenting practices, according to Sauer. “It brings us a little bit closer to a more uniform system, and it also helps to anchor the US system,” he says.

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    Jeffrey L Fox

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Fox, J. America Invents Act receives cautious welcome. Nat Biotechnol 29, 953–954 (2011). https://doi.org/10.1038/nbt1111-953

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