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.
