The America Invents Act mandated
a series of reports to be published in order to provide guidance to Congress to formulate policy, or to consider any necessary revisions to the legislation. The first two reports have been published: “International Patent Protection for Small Businesses” looks at issues that small US companies may face in seeking patent protection
outside the US. “Report on the Prior User Rights Defense” looks at the consequences of the “prior user rights” defence to infringement, as described in the legislation. The references to Prior User Rights are likely to influence any decision on whether the change from ‘first-to-invent’ to ‘first-to-file’ will offer a more relaxed approach towards the specifying the content and processes that need to be applied to electronic lab notebooks.