Editing American Inventors Protection Act of 1999

== Citation ==

'''American Inventors Protection Act of 1999''' ('''AIPA'''), Pub. L. No. 106-113, ''amended by'' Intellectual Property and High Technology Technical Amendments Act of 2002, Pub. L. No. 107-273.

== Overview ==

Over the years, companies have complained about problems caused by “[[submarine patent]]s.” The basic scenario is that a [[patent applicant]] allows its [[patent application|application]] to languish in the [[PTO]] while watching another company make substantial investments in a technology or product that will [[patent infringement|infringe]] the yet-to-be-issued [[patent]]. Once the other company’s sunk costs are large, the [[patent applicant]] obtains the [[patent]], asserts [[patent infringement|infringement]], and “[[patent hold-up|holds up]]” the other company, demanding supra-competitive [[royalties]] for a [[license]] to the “[[submarine patent]].” The company must agree to supra-competitive [[royalties]] or forego its production or [[innovation]]. As a result, consumers will either pay higher prices for the company’s goods, or will never get the benefit of the [[innovation]] that the company had to abandon. 

Partly in response to problems created by [[submarine patent]]s, and partly to conform U.S. practice to international practice, this law was enacted. The Act now requires [[patent application publication|publication]] of a [[patent application]] eighteen months after filing, unless the [[patent applicant|applicant]] certifies that the [[invention]] will not be the subject of any foreign or international application in jurisdictions that provide for eighteen-month publication.<ref>35 U.S.C. §122.</ref> Roughly 90% of all pending [[patent application]]s are [[patent application publication|published]] at eighteen months.

This new [[patent application publication|publication]] requirement can assist [[inventor]]s and businesses to some extent in avoiding [[patent hold-up]] and making more informed decisions about where (and where not) to spend [[R&D]] resources.

The passage of the Act set the stage for the [[USPTO]] to advise the President, through the [[Secretary of Commerce]], and all Federal agencies, on national and international [[IP]] [[policy]] issues, including [[IP]] protection in other countries. The [[USPTO]] is also authorized by the AIPA to provide guidance, conduct programs and studies, and otherwise interact with international [[IP]] offices and international intergovernmental organizations on matters involving the protection of [[intellectual property]]. The [[USPTO]]'s [[Office of IP Policy and Enforcement]] carries out the functions authorized by the AIPA.

== References ==
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[[Category:Legislation]]
[[Category:Legislation-U.S.-Federal]]
[[Category:Legislation-U.S.-Patent]]
[[Category:Patent]]
[[Category:1999]]