Intellectual Property

Recent Posts

Senate-Passed Patent Reform Bill
Posted on 9 Mar 2011 by Marla Grossman and Manus Cooney

By a vote of 95 to 5, the Senate last night passed comprehensive patent reform legislation. S.23, "The America Invents Act" . But the path forward for passage of the measure in the House of Representatives remains unclear. The bill -... Read More

Patents Post-Grant: Older Patents Soon Subject to USPTO Inter Partes Review
Posted on 15 Sep 2011 by Scott A. McKeown

Pre-1999 Patent Filings No longer Immune to Inter Partes Challenge Back in August, I explained the import of various effective date provisions of the Leahy-Smith America Invents Act (AIA) as they relate to current and future post grant USPTO challenges... Read More

Housekeeping Changes to S.23
Posted on 2 Feb 2011 by Scott A. McKeown

S.515 Refined as to New Post Grant Options For those of you lying awake at night wondering what minor word changes have been made in the new patent reform legislation, you may now rest easy. Attached is a mark-up of sections 6 and 7 of S.23 relative... Read More

Patent Reform Update - September 08, 2011
Posted on 8 Sep 2011 by Marla Grossman

Last night, the Senate agreed to a limit on debate and amendments on the House-passed patent reform bill, H.R. 1249. The Senate will debate this bill at about 10:30 a.m. EST this morning for up to 5 hours of debate. At about 4 p.m. EST today, the... Read More

Patents Post-Grant: Patent Reform Heads Into Home Stretch Next Week
Posted on 24 Mar 2011 by Scott A. McKeown

House to Introduce Modified Bill Early Next Week (UPDATED FRIDAY) With the America Invents Act out of the Senate , the House is expected to introduce a slightly revised version of the bill next week. House Judiciary Chairman Lamar Smith , (R-TX... Read More

Williams Mullen: Planning for the First to File
Posted on 19 Sep 2011 by Williams Mullen

Editor M. Bruce Harper Historically, the United States has been a first-to-invent jurisdiction. A diligent inventor that applied for a U.S. patent might be able to assert superior rights over a subsequent inventor, even if the subsequent... Read More

Brinks Hofer Gilson & Lione: President Obama Signs Patent Reform Legislation
Posted on 19 Sep 2011 by Brinks Hofer Gilson & Lione

On September 16, 2011, President Obama signed the Leahy-Smith America Invents Act, also known as the patent reform bill. The America Invents Act makes the most sweeping changes to U.S. patent law in years, including moving the U.S. towards a first... Read More

Patent Reform Bill Passed!
Posted on 9 Sep 2011 by Marla Grossman

A vote on Senate amendments to the America Invents Act began approximately 4 p.m. today. Specifically, the Senate had roll call votes on 3 amendments, in this order: To strike section 37 regarding calculation of the 60-day period for applying... Read More

U.S. Commerce Secretary Gary Locke Outlines Administration Views on America Invents Act
Posted on 1 Jun 2011 by LexisNexis Patent Community Staff

From the US Patent and Trademark Office: WASHINGTON - U.S. Commerce Secretary Gary Locke yesterday issued a letter to House Judiciary Committee Chairman Lamar Smith and Ranking Member John Conyers outlining the views of the Obama administration... Read More

Patents Post-Grant: Patent Reform to Pass Senate
Posted on 7 Mar 2011 by Scott A. McKeown

Senate Bill Heads for Home Stretch this Week With Senator Feinstein's amendment to strip out the first-to-file provision now defeated, it seems that the American Invents Act is headed for a vote this week. The cloture process invoked at the close... Read More

Patent Reform Legislation an Ongoing Issue in both the House and the Senate
Posted on 11 Jul 2011 by Marla Grossman

The Patent Reform legislation continues to be an ongoing issue in both the House and the Senate, but its consideration in the Senate is being delayed by the heated debate regarding the budget and debt ceiling. Senator Rand Paul is planning a filibuster... Read More

Dear Colleague Letter by House Judiciary Committee Chairman Lamar Smith: "Comprehensive Patent Reform Promotes American Innovation and Creates Jobs"
Posted on 26 May 2011 by LexisNexis Patent Community Staff

Comprehensive Patent Reform Promotes American Innovation and Creates Jobs Dear Colleagues, On April 14, 2011, the House Judiciary Committee reported H.R. 1249, the "America Invents Act," by a vote of 32-3. The Committee vote... Read More

Patents Post-Grant: Senate Eyes September Enactment for Patent Reform
Posted on 3 Aug 2011 by Scott A. McKeown

Debt Ceiling Raised, Job Bills On Deck With debt ceiling Armageddon now averted in the 11th hour (depending upon your perspective), Congress has turned its attention to election season addressing the economy. As previously discussed, the patent... Read More

Fulbright & Jaworski LLP: Senate Passes Leahy-Smith America Invents Act, Patent Reform Heads to President
Posted on 12 Sep 2011 by Norton Rose Fulbright

By John E. Schneider On September 9, 2011, the Senate approved the Leahy-Smith America Invents Act ("the Act"), sending the bill to President Obama for signature. The Act represents the most significant change in U.S. Patent Law since... Read More

Patent Reform Wars: Episode III
Posted on 4 Feb 2011 by Scott A. McKeown

Patent Reform Voted Out of Committee In yesterday's meeting of the Senate Judiciary Committee, the Patent Reform Act of 2011 (S.23) was voted out of committee to the Senate floor. This is the third time a patent reform bill has been moved to the... Read More