The Leahy-Smith America Invents Act, Public Law 112-29, 125 Stat 284 (2011) (the “AIA”) changed the American patent system from a “first to invent” to a “first inventor to file” system on March 16, 2013. It did so by replacing the section of the Patent Act that that defines what what is not novel — in … Continue reading What is an “AIA patent” and why it matters
Having IP troubles overseas, or just questions about a foreign IP system? Don’t overlook the IP attaché program at the USPTO
A couple of days ago, on December 5, 2017, I moderated a question and answer session with IP attachés from Shanghai, Mexico City, Rio de Janeiro, Bangkok, and Kuwait City, as well as Dom Keating, who is in charge of the IP attaché program at the USPTO. The session was part of a special program … Continue reading Having IP troubles overseas, or just questions about a foreign IP system? Don’t overlook the IP attaché program at the USPTO
One Approach to Avoiding the Alice Trap When Patenting Software Related Inventions
The Federal Circuit's May 10, 2016 decision in Enfish v. Microsoft confirms guidance that I have been offering for patenting inventions relating to computer software. That guidance has been, where possible, to characterize the invention not as solving a business problem, but as offering an improvement to the functioning of a computer, and to back it … Continue reading One Approach to Avoiding the Alice Trap When Patenting Software Related Inventions
It’s time for the Supreme Court to take another look at what can be patented
Twenty amicus briefs have been filed in support of a petition to the Supreme Court to review the Federal Circuit's decision in Arisioa Diagnostics v. Sequenom. That decision affirmed a district court's determination that Sequenom's patent was nothing more than a patent on a natural phenomenom. Only one amicus brief in opposition has been filed. Sequenom's … Continue reading It’s time for the Supreme Court to take another look at what can be patented
US Falling Behind: China 1st in patenting; US 5th.
Per Hal Wegner, the total number of original applications filed in China in 2013 was over 2 million. See his note here. The total number of new applications in the U.S. that year was about 272,000, roughly 1/8th the Chinese total. Granted, the Chines are heavy users of utility models and designs. But still.... That China has become … Continue reading US Falling Behind: China 1st in patenting; US 5th.
How important is ownership of intellectual property rights to creativity and innovation?
According to a study conducted by the author, Orly Lobel, of this New York Times Op-Ed piece, employees who are obligated to assign to their employers the "products of their mind" are likely to perform more poorly than those who are not. Ms. Lobel noted of the study: All of the participants were assured that they would be paid for the tasks … Continue reading How important is ownership of intellectual property rights to creativity and innovation?
With Smartphone Deals, Patents Become a New Asset Class – NYTimes.com
“Patents are a tricky asset to trade,” said Josh Lerner, an economist at the Harvard Business School. “But there is clearly a huge amount of value in intellectual property. And I think what we’re seeing is the beginning of a lot more monetization and trading of intellectual property rights.” via With Smartphone Deals, Patents Become … Continue reading With Smartphone Deals, Patents Become a New Asset Class – NYTimes.com
Dallas to be home to one of four US Patent and Trademark Office satellite offices
United States Patent and Trademark Office announced today (press release) that it plans to open in 2013 satellite offices in Dallas, Denver and San Jose. The PTO opened its first, and only other, satellite office in Detroit this year. According to the PTO: The four offices will function as hubs of innovation and creativity, helping … Continue reading Dallas to be home to one of four US Patent and Trademark Office satellite offices
Prioritized examination available for new applications beginning September 26, 2011
Thanks to the Leahy-Smith American Invents Act, prioritized examination, a new PTO program for patent applicants who wish to have examination of their applications concluded in 12 months, will be available starting September 26. (PTO's Federal Register Notice) It will cost $4800 for large entities, and $2400 for small entities. Prioritized examination had been scheduled … Continue reading Prioritized examination available for new applications beginning September 26, 2011
President Signs Landmark Patent Reform Legislation
The President signed into law yesterday the Leahy-Smith America Invents Act. The Act makes the most significant changes to U.S. patent laws in the last 60 years. One hopes the changes will, at least in the short to intermediate run, get to the Patent and Trademark Office (PTO) enough money to allow them to dig out … Continue reading President Signs Landmark Patent Reform Legislation
The Hub of IP 