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 [...]
The United States Patent and Trademark Office (“USPTO”) has amended the rules governing practice before the Board of Patent Appeals and Interferences (Board or BPAI) in ex parte patent appeals. The rules apply to patent applications in which an appeal is filed by the applicant because the applicant does not agree with the patent examiner’s [...]
On September 16, 2011, President Barack Obama signed into law the Leahy-Smith America Invents Act (AIA), 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 system since 1836. Patent attorneys, agents and the US Patent and Trademark Office (USPTO) [...]
The Senate yesterday passed the America Invents Act (S. 23) by a vote of 87-3.Although some provisions were dropped, the Senate bill retained the following key elements: Third party submissions of prior art for pending applications; USPTO fee setting authority; Supplemental examination authority; Repeal of the residency requirement for Federal Circuit judges; Micro entity status [...]
An amendment that was offered by Senator Dianne Feinstein (D-CA) to the patent reform bill (America Invents Act S. 23) has been tabled by a vote of 87 to 13. The Feinstein Amendment removed the First To File provision in favor of the existing First to Invent System. Arguments against the First to File System [...]
