Recent patent reforms represent the largest overhaul in the last 60 years. Below are a number of issues and dates of which inventors should be aware.
| Issue (§ of AIA) | Effective as of... |
| Transition from first to invent to first to file (§3) | Effective 18-months from September 16, 2011 Applies to any patent application that has an effective filing date on or after this effective date. Makes it critical to file at least a provisional application ASAP. |
| Assignee of invention may file a patent application (§4) | Effective 1-year from September 16, 2011 Applies to any patent application filed on or after this effective date. |
| Defense to infringement based on prior commercial use (§5) | Available as a defense to all patents issued on or after September 16, 2011. Secret prior use is defense if sued for patent infringement. |
| Post-grant review (§6) | Effective 1-year from September 16, 2011 Applies to any patent issued before, on, or after the effective date. Within one year of enactment the Patent Office must establish a system for post-grant review. |
| Pre-issuance submissions by third parties (§8) | Effective 1-year from September 16, 2011 Applies to any patent application filed before, on, or after the effective date. |
| PTO's fee setting authority (§10) | September 16, 2011, except for the electronic filing incentive provision, which goes into effect upon the expiration of the 60-day period beginning September 16, 2011. |
| New Fees (§11) | A 15% surcharge will be added to all patent-related fees as of September 26, 2011. |
| Supplemental examination (§12) | Effective 1-year from September 16, 2011 Enables patent owner to correct error/add prior art, etc. after patent issues. Applies to any patent issued before, on, or after the effective date. |
| Issue (§ of AIA) | Effective 1-year from September 16, 2011 Enables patent owner to correct error/add prior art, etc. after patent issues. Applies to any patent issued before, on, or after the effective date. |
| Elimination of tax-strategy patents (§14) | September 16, 2011, Relates to business method patents. Term "strategy" is not defined. Applies to any patent application pending on, or filed after September 16, 2011 and to any patent that is issued on or after September 16, 2011. |
| Elimination of best mode defense (§15) | September 16, 2011 Application must include best mode but no penalty for failing to do so. Applies to any proceedings commenced on or after September 16, 2011. |
| Virtual marking and Elimination of qui tam false marking cases (§16) | September 16, 2011 Must be competitor or injured party to attack patent. Applies to all cases that are pending on, or commenced on or after September 16, 2011. |
| Transitional program for business method patents relating to financial products (§18) | Effective 1-year from September 16, 2011 Applies to any covered business method patent issued before, on, or after the effective date (with limited exceptions). Will enable challenge to patent without going to federal court. Within one year of enactment, the Patent Office must establish a system for post-grant review. |
| Joinder of parties (§19) | Applies to any civil action commenced on or after September 16, 2011. |
| End of fee diversion: USPTO's fees directed to reserve account (§22) | October 1, 2011 Patent Office can keep funds received from inventors in excess of budget and can use the funds IF Congress says it is okay. Fees from inventors can no longer be diverted to non-patent uses. |
| Prohibition against patents "directed to or encompassing a human organism" (§33) | Applies to any patent application pending on, or filed on or after September 16, 2011. Can not patent DNA but issue is unclear with respect to medical treatments. |