The AIA is profoundly transforming US patent law, through changes such as the implementation of a “first-to-file” system, expanded post-issue patent challenges, and a “prior user” defense to infringement. These and other changes raise new strategic issues regarding portfolio management, valuation, and due diligence when negotiating licenses and other transactions.
Other licensing considerations affected by the AIA include patent challenge provisions and related jurisdictional choices. Making sound business decisions when prosecuting patents for licensing, and when transferring patent rights, requires an understanding the AIA in a transactional context. While some AIA changes are already in effect, others will be phased in over the next several months.
This program will help you and your clients manage and prepare for the effects of the AIA in licensing and transactional environments.