Applicants identified upon a U.S. patent application’s filing can impact the ownership rights to the patent application throughout prosecution.  Prior to implementation of relevant aspects of the America Invents Act (AIA) on September 16, 2012, patent application Applicants could only be Inventors.  Conversely, applications filed on or after September 16, 2012 can have Inventors or... Continue Reading
The Joinder Provision of the America Invents Act is Not a Substitute for Discretion The Federal Circuit recently confirmed that district courts must still exercise discretion in deciding motions to sever where the heightened joinder requirements of the AIA are satisfied. In In re Nintendo, Co.¸ __ Fed. App’x __ (Fed. Cir. Sept. 25, 2013) (nonprecedential), UltimatePointer, LLC sued Nintendo and numerous video game retailers in the Eastern District of Texas... Continue reading this entry
USPTO Patent Reform Forum To Be Held On Second Anniversary Of The America Invents Act On September 16, 2013–the second anniversary of the America Invents Act (AIA)–the USPTO will host a forum on the AIA at its Alexandria, Virginia campus. The USPTO AIA forum will provide an overview of AIA implementation to date, and will include an opportunity for practitioners and stakeholders to ask USPTO representatives about specific provisions of... Continue reading this entry
Call the Patent Police! Why it's Time to monitor competitors’ filings Time to monitor competitors’ filings More companies will likely begin closely monitoring their competitors’ patent filings with the aim of opposing them under new procedures established by the America Invents Act, which went into full effect on March 16. The sweeping patent reform legislation—under which the U.S. switches to a first-to-file from a first-to-invent system—also... Continue Reading
While U.S. patent practitioners have been focusing on the changes to U.S. patent law embodied in the Leahy-Smith America Invents Act (AIA), Congress has taken additional steps to harmonize and streamline patent application procedures in accordance with an international treaty, the Patent Law Treaty of 2000 (PLT). The Patent Law Treaties Implementation Act of 2012... Continue reading this entry
The America Invents Act (AIA), which became fully implemented March 16, 2013, revised U.S. patent law but included few reforms directed to curbing Non-Practicing Entity (NPE) or “patent troll” activity. Thus, not surprisingly, patent troll ...
On April 1, 2013, the USPTO published an “interim final rule” relating to Patent Term Adjustment (PTA), to implement changes to the PTA statute embodied in the AIA Technical Corrections Act. Although the rule changes have an immediate effective date, the USPTO will consider written comments submitted within 60 days, e.g., by May 31, 2013.... Continue reading this entry