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The Senate agreed with the House amendments, and the result was the inclusion in section 101 of the definition of “process” as “a set of steps performed in a particular order”. The clause was first drafted in 1924 and amended in 1934. The process definition is primarily a definition of the term “process” for purposes of the patent laws, which defines the scope of patent protection. But the definition of “process” in the patent laws cannot exclude inventions not covered by the patent laws. The courts must decide whether the inventor intended to patent the entire invention or was merely seeking patent protection for a method or process.

As a quick primer, the AIA repeals portions of the Leahy-Smith America Invents Act (LSAIA) that were deemed overly aggressive and weak in the fight against patent troll litigation. The AIA was substantially passed by the 114th Congress (2015-2016) but its implementation has been slow, leaving many of the new provisions untested. In a blog post, Congresswoman Smith explained that the delay in implementation is based on uncertainty over “the proper balance between patent reform and minimizing market disruption for inventors and small businesses.”

Prior law did not preclude the granting of patents to inventors who were at least eighteen years old, but prior law provided no minimum age to qualify as an inventor. At the time of the enactment of the AIA, however, more than half of all states prohibited a person under the age of eighteen from being an inventor. Accordingly, for a significant number of inventors, obtaining patents after the AIA became effective would require a waiver. The AIA thereby changed the legal landscape for inventorship.

Conference presentations are another area in which inventors should remain cautious. These are usually two-hour presentations that do not require any prior registration, and in which there is often no door or wall separating the audience from the speaker. Be cognizant of the nature of what you are presenting and how that might affect the patentability of your invention.
The bottom line is that expositions and other conferences present inventors with an opportunity to achieve what they might otherwise be prevented from obtaining. By presenting your inventions at these events, you may be able to remove the prior art that would prevent you from obtaining patents, and obtain the benefit of the knowledge you have gained from these proceedings. By preventing the publication of what you present at these conferences, you may also be able to keep these inventions secret for longer than if the presentation was not restricted.
The main consideration that should be made when drafting a patent is whether the right “views” of the invention are being considered. One view alone is unlikely to be sufficient to cover the invention; together, a set of several views enables improved patentability. A sample view is presented, which is chosen for illustrative purposes only. The inventor will consider the optional features that are provided, as well as the main features that are part of the standard set of features. Note that the inventor may be limited in the ability to select required feature, as they may not be provided with the invention at the submission stage, or may wish to remain a “secret” inventor. A more extended coverage of views is available in a Patent Office Practice document 18, chapter 2, section 7.3.2 “Patentability”, available at: http://portal.uspto.gov/tmdb/patents/publications/Practice_Statement_Chapter_18.pdf
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