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...
On January 14, 2013, President Obama signed into law a "technical corrections" bill that amends provisions of the Leahy-Smith America Invents Act (AIA), the recently enacted patent reform legislation. While much of the technical corrections bill deals with typographical, grammatical and drafting...
For patent seekers and patent attorneys alike, March 16, 2013 will be a momentous date. On that day, the U.S. transitions from its current "first-to-invent" system to a "first-inventor-to-file" (FITF) system. Although the FITF system has been in place in every other country in the...
By Robert Schaffer and Joseph R. Robinson
On March 16, 2013, the United States will become a "first-to-file" country for determining the rights of different inventors competing for a patent covering the same invention. This is part of the recent "America Invents Act" (AIA). To...
By Mary Anthony Merchant, Ph.D.
The race to the Patent Office begins March 16, 2013, when the new first-to-file patent system takes effect. Start your engines, or at least think about the consequences of this system for current and future patent portfolios. Before March 16, actions can be taken...
Ex Parte Patent Reexamination Filings Fall by 50% After AIA
Prior to September 16, 2012, ex parte patent reexamination was the only USPTO option for challenging the validity of patents that issued from patent applications filed before November 29, 1999. This is because the inter partes patent reexamination...