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America Invents Act – Inventor’s Prior Use, Sale or Offer for Sale

In the last post, we discussed the possible impacts of the modification of the one year grace period, under 35 U.S.C. §102(b), under the new America Invents Act (AIA).  One potential issue is whether a public use or sale by the inventor less than one year before the filing of the application will fall under the [...]

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America Invents Act – Elimination of Twelve Month Grace Period

One of the major changes to the patent system advanced by the America Invents Act (AIA) is that, starting March 16, 2013, the US will change from the previous first-to-invent system, to a first-to-file system.  Under the old system, 35 U.S.C. § 102(b) stated that “a person shall be entitled to a patent unless the invention was [...]

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New Micro Entity Status Created Under the American Inventors Act (AIA)

The US Patent and Trademark Office (“USPTO”) has provided a 50% reduction in patent application fees for “small entity” applicants.  The Leahy-Smith America Invents Act (“AIA”) created a new classification called a “micro entity”.  A micro entity is expected to pay fees discounted by 75%.  The discounted fees will apply to filing, searching, examination, issue, [...]

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USPTO Secures Increased Funding for 2012

Last month the House and Senate passed the Consolidated and Further Continuing Appropriations Act (H.R. 2112).  The bottom line for the US Patent and Trademark Office (USPTO) is that it now has spending authority set through the end of the current fiscal year, September 30, 2012. The bottom line is that the USPTO can spend up [...]

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US Patent Applicants Provided with $400 Incentive to File Applications Electronically

The US Patent and Trademark Office USPTO now offers a $400.00 incentive to small entities for filing a Utility Patent Application.  The new rule became effective on November 15, 2011, as a result of the passage of the American Invents Act (AIA). See Federal Register Notice The new rule adds a charge of $400.00 to [...]

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