PRG Director Brad Buehler: The America Invents Act and the Exam – What Should I Do?
The America Invents Act is the most sweeping change to US Patent Law in decades and anyone preparing for the exam, or even thinking about the exam, is rightly questioning what this means. As of right now and, I suspect, for the near future, the new legislation will not affect the basis for the exam.
When the USPTO changes the basis for the exam, as happened in January 2011, 90 days notice is provided before the changes go into effect. This provides anyone preparing for the examination with adequate notice to make the decision whether to hunker down and take the exam before it changes or to wait – that’s an individual decision based on each person’s current state of preparation. I recommend that everyone starts with a three to four month study plan, so that any exam changes announced don’t create additional stress during exam preparation. If you have started your exam preparation, get your application in to the USPTO and get yourself an exam date scheduled. If you are thinking about starting your preparation, I’d suggest starting soon and planning to take the exam within three to four months of starting.
I do not know, nor has the USPTO announced, when the changes from the new legislation will be introduced to the exam. However, the legislation will not be fully enacted until March 2013, so the current exam basis will still be valid until that point. The best thing to do is to keep an eye on the USPTO’s website for notification of any change in the exam. Of course, if you have attended PRG’s Patent Bar Review Course or purchased the Video course, we will contact you as soon as we have any information about an impending change.
Here are a few links that may be of interest to you as you further consider the examination:
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