A Look Back At How AIA Changed Patent Marking And Joinder

By Bryan Nese and Ryan Babcock (September 16, 2021, 12:37 PM EDT) -- Signed into law on Sept. 16, 2011, the America Invents Act brought significant change to the United States patent system, including shifting the U.S. to a first-inventor-to-file system more in line with the rest of the world.

But the AIA implemented many more changes, and patent litigators and courts alike have spent the last decade navigating these waters, endeavoring to give clearer meaning to Congress' words.

To mark the 10-year anniversary of the AIA's passage, this article provides insights into two such AIA-implemented issues: (1) patent marking, and (2) joinder of unrelated defendants.

Drawing on the past decade of legal authority,...

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