Requests for Comment Touch Upon Claim Construction Standards at the PTAB
Back in June, the USPTO issued a Request For Information (RFI) in the Federal Register. The Notice , entitled, Request for Comments on Trial Proceedings Under the America Invents...
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,...
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...
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...
Modern Patent Troll Business Model Insulated from New Post Grant Challenges
Roughly two weeks ago the USPTO published the last of the Post Grant related rule packages established by the America Invents Act (AIA). The rule packages propose hefty filing...
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...
Will Contesting Parties Embrace the New Post Grant Settlement Provision?
One of the more intriguing provisions of the new post grant patent proceedings of the America Invents Act (AIA) is the ability to settle these patentability disputes by agreement...
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
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...
Responses: Just Because You Can Doesn't Mean You Should
The new post grant patentability challenges of the
America Invents Act (AIA) have been warmly
embraced by the public as a cost effective patent dispute resolution tool .
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...
January 2 to March 15, 2013 will be beyond busy, so planning is essential
By Bruce D. Sunstein , a member of our Patent Practice Group
The Ides of March in the coming year should be heeded by all patent filers. March 15, 2013 is the last day on which...
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...
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
To strike section 37 regarding calculation of the 60-day
period for applying...