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
Category: Patents
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
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
The immediate effects of the America Invents Act
The patent laws will be changing the day that President Obama signs into law the Leahy Smith America Invents Act, which finally cleared both houses of Congress last night. Some say that these are the biggest changes to U.S. patent law since the modern Patent Act was put into place some 60 years ago. The … Continue reading The immediate effects of the America Invents Act
Are patent values soaring?
A consortium of companies, consisting of Apple, RIM, Microsoft, Ericsson, Sony and EMC, agreed last week to pay $4.5 billion for about 6000 patents owned by Nortel, or roughly $750,000 per patent. I think it is fair to say that this was a lot more than most thought the portfolio would fetch. Nortel, which is … Continue reading Are patent values soaring?
Reconciling the Senate and House patent reform bills
While I was on vacation a week ago, the House passed its version of the America Invents Act, H.R. 1249. There were several last minute amendments made to the bill, including a compromise on funding provisions for the U.S. Patent and Trademark Office. For those interested, I have made a comparison between the Senate and House … Continue reading Reconciling the Senate and House patent reform bills
Opposition to patent reform bill in the House continues to organize
To update my post earlier today, ... Professor Crouch reports today in this post — First-To-File and the Constitutional Argument - Patent Law Blog (Patently-O) — that two competing groups of legal scholars are in the process of rounding up professors to sign letters to Congress arguing each side of the question of whether the proposed … Continue reading Opposition to patent reform bill in the House continues to organize
Priority Examination Available at USPTO Starting May 4
UPDATE 2: Prioritized examination is available as of September 26, 2011. UPDATE: The PTO has postponed indefinitely the start date of prioritized examination because of budgetary reasons. (Press release) It apparently intends to go forward with the program once adequate resources are available. PTO's final rules on "Track 1" or prioritized examination were posted yesterday. … Continue reading Priority Examination Available at USPTO Starting May 4
The PTO wants to make appeals in patent applications easier on everyone involved
The US PTO published today a notice of proposed rule making in the Federal Register. The accompanying press release summarizes the changes as: Rescinding the stayed 2008 Final Rule. Eliminating a number of briefing requirements that ask for information that is readily available in the file history (e.g., statements of the status of claims, status of amendments, … Continue reading The PTO wants to make appeals in patent applications easier on everyone involved
Requests for continued examination in patent practice
Professor Dennis Crouch asked in a post today on his Patently-O blog for comments on why applicants file so many requests for continued examination. Specifically, he wanted to know readers' thoughts on the following questions: 1. What is your explanation for the large number of RCE filings? 2. What can the PTO do help prosecution … Continue reading Requests for continued examination in patent practice
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