The America Invents Act (AIA), passed in September 2012, introduced significant reforms to U.S. patent law, including changes to Section 102 of Title 35 of the U.S. Code. Since these changes took effect in March 2013, patent attorneys have expressed concern regarding the implications for specific prefiling activities outlined in post-AIA Section 102(a)(1). Recently, two decisions from the Federal Circuit have provided clarity on these matters. According to Howard Skaist from Berkeley Law, these decisions indicate that the enumerated prefiling activities in Section 102(a)(1) will not impact the validity of a patent if such activities are conducted within a year prior to filing the application.
For more detailed insights, consider exploring the original article on Law360: Fed. Circ. Resolves Post-AIA Question On Prefiling Activity.