Restructure Your Business Under The America Invents Act

1. Plan Ahead

Set clear expectations and set high-level caps with outside counsel. More importantly, make sure to discuss if the likelihood to going over those caps to create predictability.

2. Explore Accelerated Examination

Decide if accelerated examination is right for your business. It can prove useful under AIA provisions, and may produce higher-quality patents in less time with potentially less cost.

3. IPR Center’s Role

The IPR Center may be the biggest, most positive surprise to come out of the AIA. The USPTO has also become less political due to new AIA provisions; use this to your advantage to get more involved in the business.

4. Examine New Documentation Guidelines

Given the importance of being first to file, continue to document inventions and provide training to non-legal employees. Learn about new, tangible ways to document innovation within your company.