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The Right Way To Use Evidentiary Declarations Under AIA

Law360, New York ( November 7, 2014, 10:08 AM EST) -- The Leahy–Smith America Invents Act was signed into law on Sept. 16, 2011. While altering U.S. patent practice in several ways, perhaps the most significant change brought about by the AIA is the switch from a "first to invent" to a "first inventor to file" system largely for purposes of harmonizing U.S. practice with the majority of other countries. This article explains the different ways that declarations can be used for evidentiary purposes under AIA rules and provides practical tips for right ways of using declarations....

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