Question 21
Domain 5: Patent Ownership, Infringement, and EthicsUnder the Leahy-Smith America Invents Act, what is the effective date for the first-inventor-to-file provisions?
Correct answer: B
Explanation
The Leahy-Smith America Invents Act made the United States a first-inventor-to-file system, and those provisions took effect on "March 16, 2013." That date is the statutory effective date for applications governed by the new filing-based priority rules.
Why each option is right or wrong
A. September 16, 2011
B. March 16, 2013
Section 3(n)(1) of the Leahy-Smith America Invents Act (Pub. L. 112-29) states that the amendments establishing the first-inventor-to-file regime apply to any application containing a claim with an effective filing date on or after March 16, 2013. Congress fixed that date as the operative transition point, so filings before it remain under the prior rules while filings on or after it are governed by the new provisions.
C. January 1, 2014
D. June 8, 2015