By Carmen Santa Maria This
article is the first in a series of mini-articles considering a section
of the new patent statute and how it may affect your business. Effective
Friday, September 16, 2011, upon the signing of the Leahy-Smith Patent
Reform Act by President Obama, new fees are in effect...
By Mary Anthony Merchant, Ph.D. and Estelle Tsevdos
On September 16, 2011, President Obama signed into law the Leahy-Smith America Invents Act , which
makes significant changes to U.S. patent law. Certain provisions
related to fee increases take effect next week on September 26, 2011. The
By Nicholas T. Peters
UPDATE: As expected, President Barack Obama
signed the Leahy-Smith America Invents Act (the "Act") into law on
Friday, September 16, 2011. This legislation is a major rewrite of the
patent laws of the United States. The new law adjusts the landscape of
Draft Rules Released by USPTO to Transition to New Inter Partes Review Proceeding
Upon enactment of the America Invents Act on September 16, 2011, the USPTO was forced to change their previous SNQ based analysis for granting a request for inter partes patent reexamination . The new standard for any...
As part of the Suffolk Law School Podcast Series , Leigh Martinson , of McDermott Will & Emery , recently spoke on the
America Invents Acts' transition from a first-to-invent to a first-to-file
What Does the Transition Mean and What Are the Consequences?
Mr. Martinson points out that...
As part of the Suffolk Law School Podcast Series , Dr. Eldora L. Ellison , of Sterne Kessler Goldstein & Fox ,
recently discussed post-grant review under the America Invents Act of 2011.
Exit Inter Partes Reexamination, Enter Post Grant Review
Currently, there are two types of patent reexamination...
By Shawn Leppo This
article is the second in a series of mini-articles considering a
section of the new patent statute and how it may affect your business. Among
the earliest provisions of the recently signed Leahy-Smith Patent
Reform Act to go into effect are changes related to patent marking...
As of September 23, the United States Code Service (USCS) on
lexis.com was updated with Public Law 112-29, the Leahy-Smith America Invents
Act ("AIA"). AIA makes some of the most sweeping changes in American patent law
since 1952. Most significantly, effective March 16, 2013, the Act changes...
From the US
Patent and Trademark Office :
16, 2011, President Obama signed the Leahy-Smith America Invents Act
(AIA) into law, which will foster innovation and
spur job creation in the United States. This Act sets into motion
the most comprehensive overhaul to our nation's patent...
By Harold C. Wegner Foley Partner Harold C. Wegner
authored a white paper that provides in-depth analysis of the Leahy
Smith America Invents Act, highlighting key changes to be addressed by
Corporate IP executives.
To view the complete white paper, click View PDF, below.
By William P. Smith
This article is the third in a series considering a section of the new patent statute and how it may affect your business. Another
provision of the Leahy-Smith Patent Reform Act that went into effect
immediately on September 16, 2011, Section 14 affects the patentability -...
Filing Fees to Increase Substantially
From start to finish, the cost of an inter partes
patent reexamination (IPX) proceeding is estimated to be $278K by the
2011 AIPLA Economic Survey. This figure includes all expenses from the
time of filing the request to a decision of the Board of Patent...
By Geoffrey K. White Effective
September 16, 2011, Section 15 of the Leahy-Smith America Invents Act
modifies the requirement that patent applications disclose the "best
mode" of performing the claimed invention. Section 15 eliminates
challenges to best mode in litigation and expressly...
From the US Patent and Trademark Office:
Public input will help the USPTO complete the studies in a quality manner
Washington - The
United States Patent and Trademark Office (USPTO) released two Federal
Register Notices on October 7, 2011, seeking written comments and
Group 2 Rule Making Effort in Final Stages
Since the enactment of the Leahy-Smith America Invents Act (AIA), and
even before, the USPTO has been busy fashioning new rules to implement
the various provisions of the legislation. The USPTO has been aggressively seeking public comment
Patent Bar Required or Not?
The USPTO continues to work to fashion rules to implement the new post grant proceedings of
the Leahy-Smith America Invents Act (AIA). One can only speculate that
the new "trial" like, post grant proceedings of the AIA will be closely
modeled on the procedures...
Group 2 Comments on AIA Implementation Due to USPTO Tomorrow
As pointed out last week, the USPTO has been
busy fashioning new rules to implement the various provisions of the
Leahy-Smith America Invents Act (AIA). Comments on Group 2 Rules , which include Inter Partes Review & Post Grant,...
The recently signed Leahy-Smith Patent Reform Act, better known as
the America Invents Act, significantly expands the defense to patent
infringement based on prior commercial use and applies to any patent
issued on or after September 16, 2011.
that defense was limited to actions...
By Elizebeth M. Maag The
new patent law creates two new post grant review provisions to provide
administrative alternatives for parties to challenge the validity of
issued patents more quickly and more cost effectively than in
traditional litigation. These provisions are identified as post-grant...
ABA, AIPLA and IPO Suggest PTAB Model Rules to USPTO
Early last week, the major bar
associations submitted comments to the USPTO on the current Group 2 Rule
Making effort. As a reminder, Group 2 Rules are a second phase of USPTO rules designed to implement features of the America Invents Act ...
In this Analysis, John M. White addresses challenges to
applications and patents in the post America Invents Act world. It includes
analysis of protest, third party submission of prior art, public use
proceedings, derivation proceedings, supplemental examination, post grant
review, citation of prior...
Top Stories of 2011
2011 was perhaps the most significant year to date in terms of post
grant patent practice. The perennial legislative effort generally known
as "patent reform" finally bore fruit as the Leahy-Smith America Invents
Act (AIA); patent reexamination filings in 2011 reached...
By Fitch Even attorney Nada J. Ardeleanu
As reported earlier, the Leahy-Smith America
Invents Act has made several major changes to U.S. patent law. The U.S.
Patent and Trademark Office (USPTO) has begun to issue proposed rules
to comply with this legislation, posting two proposed rules on January...
From the United States Patent and Trademark Office: WASHINGTON - The United States Patent and Trademark
Office (USPTO) has submitted reports for two intellectual property law
studies required by the America Invents Act (AIA) to Congress. The
first report was prepared under Section 3 of the AIA...
From the US Patent and Trademark Office :
Public input will help the USPTO complete report in a quality manner
Washington - The
United States Patent and Trademark Office (USPTO) is gathering
information on genetic diagnostic testing for purposes of preparing a
report for Congress on the...