By Stephen B. Maebius , Courtenay C. Brinckerhoff and Liane M. Peterson On September 8, 2011, by a vote of 89-9, the
Senate approved the House version of the Leahy-Smith America Invents Act
(H.R. 1249), leaving only President Obama's signature as the final step
to make patent reform a reality...
By Douglas "Doug" D. Salyers , James Moore Bollinger , Jeffrey C. Morgan , James "Jim" E. Schutz , Trenton A. Ward , Robert A. Madayag , and Dustin B. Weeks
Yesterday, September 8, 2011, Congress approved the Leahy-Smith America Invents Act (AIA) , a bill that introduces some of...
By Shawn Leppo and Elizebeth Maag
The America Invents Act, the most significant patent reform to come
out of Congress in the past fifty years, has surmounted its final
congressional test and was passed by the Senate on September 8, 2011.
The Act is now on its way to President Obama, who has...
By Dabney Carr
Some of our colleagues have produced a concise summary of the most significant aspects of the Leahy-Smith America Invents Act (AIA) , which can be found here . In
advance of the legislation's expected enactment by the President, we'd
like to highlight a few provisions that...
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.
The AIA changes the USPTO standard for...
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-inventor-to-file system,
creating new USPTO proceedings...
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 inventor was the first to
file a U.S. patent...
Timothy J. Bechen, Alison S. McGeary
The Leahy-Smith America Invents
Act, H.R. 1249 ("the Act") will become law once the President signs it
this month. The Act proposes many changes to current pre-grant and
post-grant challenges and further introduces enhanced post-grant...
Robert C. Van Arnam
A new season is under way and
some of the rules have changed. For years, defendants have been forced
to play together in unscheduled away games on the Non-Practicing
Entities' ("NPE") home field. That should no longer be the case. The
By Courtenay C. Brinckerhoff On September 16, 2011, President Obama signed the Leahy-Smith America Invents Act into law.
As outlined below, several important changes take effect on the date
of enactment (September 16, 2011), including some significant
litigation-related changes and the new...
From the USPTO, Director's Forum: David Kappos' Public Blog
In the past 50 years, we have seen technology evolve at a faster pace
than any other period in history, but our patent laws have not kept up.
Earlier today [September 16th], that changed.
In an ongoing commitment to the innovative...
September 16, 2012, as a result of the America Invents Act, there will be
available in the USPTO five separate proceedings through which the PTO could
take a second look at an issued patent and, if warranted, make changes to the
patent's claims or otherwise reconsider information considered in...
week, the America Invents Act ("AIA"), which effectuates the most
significant and wide-ranging changes to US patent law since the Patent Act of
1952, was passed by the Senate and signed into law. There are many fundamental
changes to US patent law created by the Act; however, generally...
of efforts to reform U.S. patent law culminated in the enactment of the America
Invents Act (AIA) on September 16, 2011. Although significantly narrower in
scope than its unenacted predecessors, the AIA nonetheless makes a number of
important changes. Among them is converting the U.S. system from...
Key Facts & Dates for all Post Grant USPTO Proceedings
While the America Invents Act (AIA) provides many new post grant
proceedings, it also introduces changes to existing proceedings. While I
have written about these changes previously ,
it would seem helpful to condense the important facts...
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...
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 -...