The America Invents Act (“AIA”), which became fully effective on March 16, 2013, has fundamentally changed U.S. patent law. Some of the most important of these changes relate to the scope of prior art available under 35 U.S.C. § 102. The “prior art” is the body of earlier-disclosed information that can be cited against a patent application by the U.S. Patent and Trademark Office (“USPTO”).
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.
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 the AIA.
The landscape of American Patent law saw some major changes with the passage of the America Invents Act (AIA).
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.
Maximizing the Value of Pre-America Invents Act Patent Applications Using First-to-File Regime – Part II
Our previous post discussed the need for invoking the first-to-file regime in order to maximize the value of certain pre-AIA applications that claim foreign priorities.
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 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.
The micro entity provision of the Americas Invent Act is now law. Now all the rule changes mandated by the Leahy-Smith America Invents Act (AIA) have been implemented by the United States Patent and Trademark Office (USPTO). One reason for the change was to make the patent system more efficient and accessible to the independent inventor.
On March 25, 2013, the USPTO published final rule changes to “Implement the Technical Corrections to the Leahy-Smith America Invents Act as to Inter Partes Review.”