American Inventors Protection Act
of 1999
Act passed to modify existing patent law.
In November 1999, Congress passed the Intellectual
Property and Communication Omnibus Act of 1999. Title IV
of the act contains the American Inventors Protection Act.
President Bill Clinton signed the bill on November 29, 1999,
and it became effective in 2000. The American Inventors
Protection Act established a first-to-invent infringement
defense that allows inventors who have used the invention for
one year prior to the filing date of the patent to defend themselves against this purported infringement. This clause is
restricted to methods of doing business, not production or
methods of manufacture. The act also authorizes the publication of foreign applications after 18 months and requires
filers to make application to the U.S. Patent Office if they
wish to restrict publication of their application within a specific time period. If the applicant agrees to have the patent
application published, penalties for infringements prior to
the issuance of the patent remain restricted to a reasonable
royalty. In addition, Congress approved grant extensions of
patents due to delays arising from the Patent and Trademark
Office. The American Inventors Protection Act reduces
patent fees and restricts disclosure of sensitive military or
intelligence patent information. It also allows third parties to
challenge the validity of a patent but restricts the involvement
of third parties—they cannot participate in, nor will they
receive a full transcript of, the interview of the patentee, and
they cannot file a suit in civil court after the patent board
issues a ruling that upholds the validity of the patent.