How Does the America Invents Act Affect Small Inventors Today?

The world of innovation is thrilling, but also brutally competitive. Unfortunately, for small inventors, those who work tirelessly to bring something new into the world, it can sometimes feel like the system isn’t built for you. This feeling only deepened after the passage of the America Invents Act, also known as the AIA. Passed in 2011, this law completely reshaped the way patents are handled in the United States, and even now, more than a decade later, its effects are still being felt, especially by independent inventors and small businesses. If you have a great idea you’re hoping to protect, you need to understand how these rules work, and how they can work for or against you. Continue reading and reach out to Lemler IP to speak with a seasoned New Orleans, Louisiana patent lawyer to learn more. Here are some of the questions you may have:

What is the America Invents Act, and Why Does it Matter?

Before the AIA, the U.S. used what was called a “First-To-Invent” system. That meant if two people came up with the same invention, whoever could prove they were the original inventor had the right to the patent, even if they filed later. The AIA changed all that. Now, the U.S. follows a “First-Inventor-To-File” rule, which basically means that whoever files first usually wins.

On paper, this sounds simple, but in reality, it can be tough for small inventors. Large corporations have legal teams ready to file at a moment’s notice. Independent inventors, on the other hand, often have to scrape together resources, prepare Applications themselves, and take time refining their ideas before they can afford to file.

How Does the AIA Affect Small Inventors?

One of the biggest consequences of the AIA is the pressure it puts on creators to act fast. Under the old rules, you could spend time perfecting your invention, documenting your process, and still prove you were first. Now, waiting can cost you everything. For that reason, many small inventors are encouraged to file what’s called a Provisional Patent Application as soon as possible. This gives them an early filing date, which can serve as a placeholder while they work out the details.

Another part of the AIA that has created challenges is the system of Post-Grant Reviews and Inter Partes Review (IPR). These procedures were intended to make it easier to challenge weak or overly broad patents without going to court. However, for some inventors, it can sometimes mean spending money defending their patents against much larger, better-funded corporations.

That said, not everything in the AIA is bad news. The law introduced a “Micro-Entity” status, which allows independent inventors and small businesses to pay reduced filing fees. For many, this can make pursuing a patent possible when it otherwise wouldn’t be.

What Can You Do to Protect Your Invention?

If you’ve created something new and valuable, your first step should be to talk to an experienced intellectual property attorney. The AIA gives you a one-year grace period after public disclosure, but waiting too long can still jeopardize your rights. An attorney can help you file a Provisional Patent Application quickly, giving you that early filing date while ensuring your idea is described clearly and correctly.

If you have further questions about protecting or registering your invention via patent, please don’t hesitate to contact Lemler IP for an initial consultation today.