America Invents Act: First-to-File Transition
The America Invents Act that was signed into law in September changes the US patent system from a first-to-invent to a first-to-file regime. The magic date for the transition is March 16, 2013. A...
View ArticleTips on Transitioning to First-to-File
The U.S. patent system transitions from a first-to-invent to a first-to file regime on MARCH 16, 2013. For patent applications filed after that date that include claims that do not have priority to an...
View ArticleProposed Rule for Third Party Prior Art Submissions
A change to US patent law that is being implemented as part of the America Invents Act is that third parties will soon be able to submit references to the PTO in pending applications. The theory is...
View ArticleSupplemental Examination, Reexamination
Yesterday, the PTO published regarding supplemental examination, as well as fees for the procedure and an adjustment of fees for ex parte reexamination and associated ex parte and inter partes...
View ArticlePTO Publishes More Rules Packages
Last week, the PTO published a number of additional rules packages to implement the America Invents Act. Rules of Practice for Trials Before the Patent Trial and Appeal Board and Judicial Review of...
View ArticleSHIELD Act Introduced in House
Innovators and the patent community are still recovering from the significant changes wrought on the patent system by the America Invents Act enacted by Congress last year. We also brace for the...
View ArticleAIA Implementation: Final Rules
Final rules are being published in the Federal Register today regarding implementation of a number of the provisions of the America Invents Act. Most of these provisions go into effect on September...
View ArticlePTO Forms for Applications Filed On or After September 16, 2012
The PTO has published new forms for use for applications filed on or after September 16, 2012. These mainly include new declaration forms, forms for use when an inventor is unavailable for can’t be...
View ArticleConstitutionality of First-to-File Challenged
Madstad Engineering and Mark Stadnyk have sued the U.S. Patent and Trademark Office alleging that the change of the US patent system from a first-to-invent to a first-to-file regime violates the US...
View ArticlePTO Proposes New Fee Schedule
Utilizing its new power to set its own fees, the PTO has proposed a new fee schedule for implementation in 2013: http://www.uspto.gov/aia_implementation/Proposed_Fee_Schedule.pdf The proposed schedule...
View ArticleObama Says AIA Only Went About Halfway on Patent Reform
Last week, President Obama appeared on Google + Hangout to review topics he covered in his State of the Union address. One big topic that he addressed was the need for more patent reform....
View ArticleWhat Grace Period? Another Reason to File by March 16
The deadline for the transition of the US patent system from first-to-invent to first-to-file is fast approaching. This change is significant and will result in applicants not being permitted to swear...
View ArticleAmerica Invents Act – Secret Prior Art
When the America Invents Act is fully implemented on Saturday, the scope of prior art will be greatly expanded, even beyond prior art in the rest of the world. In Europe and the majority of the rest of...
View ArticleBeware of Public Disclosure
The United States patent system is now officially First-to-File. A new website was brought to my attention of the weekend: First to Disclose. The website indicates that it is a “community-powered”...
View ArticleWhat is a Business Method Patent?
The America Invents Act set up a transitional program for reexamination of business method patents. These patents can be challenged on prior art grounds of novelty and non-obviousness, but also on...
View ArticleGAO Report Finds Patent Trolls are Not the Problem With Litigation
Last week, the General Accounting Office (GAO) provided a report that was requested by Congress on patent litigation in the US. The report found that the number of patent lawsuits was fairly steady...
View ArticlePatent News Update
There have been a number of patent-related news items making their rounds recently. PTO to Stay Open in Event of Government Shut Down Hal Wegner shared a memo from Acting PTO Director Teresa Rae to PTO...
View ArticleInnovation Act Passes House
Yesterday, the House of Representatives passed the Innovation Act, H.R. 3309, by a vote of 325-91. The bill now heads to the Senate where a similar bill, the Patent Transparency and Improvements Act,...
View ArticleWhite House Executive Action on Patent System
Today, the White House released a FACT SHEET on executive action to strengthen the patent system and foster innovation. A number of new initiatives are listed in the fact sheet by the administration:...
View Article
More Pages to Explore .....