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Courtenay C. Brinckerhoff

Courtenay C. Brinckerhoff

Foley & Lardner LLP


Latest Posts › America Invents Act

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USPTO Implements Significant Patent Term Adjustment Changes Pursuant to the AIA Technical Corrections Act

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...more

4/2/2013 - America Invents Act Patent Term Adjustment Patents USPTO

Preserving First-to-Invent Status Under the America Invents Act

Now that the first-inventor-to-file provisions of the America Invents Act (AIA) have taken effect, stakeholders should understand how to preserve the first-to-invent status of patent applications that were filed before March...more

3/19/2013 - America Invents Act First-to-File First-to-Invent Patent Applications Patents USPTO

Does The Experimental Use Exception Survive The AIA?

Now that the March 16, 2013 effective date of the first-to-file provisions of the Leahy-Smith America Invents Act (AIA) is fast-approaching, I have been reviewing the commentary in the USPTO’s February 14, 2013 Federal...more

3/8/2013 - America Invents Act Experimental Use Exception First-to-File Patents Pharmaceutical Public Use

Maximizing the Effect of Patent Applications as Prior Art Under the AIA

Now that we are less than one month away from implementation of the First-Inventor-To-File provisions of the America Invents Act (AIA), stakeholders are considering whether to file new patent applications now, to secure...more

2/22/2013 - America Invents Act First-to-File First-to-Invent Patent Applications Patents Prior Art

A Look at the Technical Amendments to the America Invents Act (AIA) Made by HR 6621

On January 14, 2013, President Obama signed HR 6621 into law. The title of HR 6621 is “To correct and improve certain provisions of the Leahy-Smith America Invents Act,” but it also makes changes to other provisions of U.S....more

2/7/2013 - America Invents Act Derivation Proceeding Inter Partes Review Proceedings Interference Claims Interference Proceeding Patent Term Adjustment Patents USPTO

USPTO Announces New, Higher USPTO Patent Fees

The USPTO has published the new patent fee structure that it is implementing pursuant to its fee-setting authority under the Leahy-Smith America Invents Act (AIA)....more

1/22/2013 - America Invents Act Appeals Patent Fees Patents USPTO

Countdown to the Ides of March

As of today, we are two months from March 15, 2013–the last day to secure an effective filing date under the current “first to invent” patent system. While we still are waiting for the USPTO to publish its final rules...more

1/15/2013 - America Invents Act First-to-File Patents USPTO

House, Senate Pass Changes to America Invents Act and Patent Term Adjustment

The Senate has passed a modified version of HR 6621, which focuses on changes “[t]o correct and improve certain provisions of the Leahy-Smith America Invents Act” and also includes other provisions unrelated to the AIA, such...more

1/8/2013 - America Invents Act Patent Term Adjustment Patents Pre-GATT

USPTO Offers Guidance on Supplemental Examination

The USPTO has published “Tips for Filing a Compliant Supplemental Examination Request” on its AIA Implementation Web page. According to the notice, the USPTO has received six requests for Supplemental Examination, but...more

12/31/2012 - America Invents Act Patents Supplemental Examination USPTO

HR 6621 Would Add New Barriers to Patent Term Adjustment (PTA) Appeals

Although most of HR 6621 (introduced by Rep. Lamar Smith on Nov. 30, 2012) would make changes “[t]o correct and improve certain provisions of the Leahy-Smith America Invents Act,” the bill includes other provisions that are...more

12/11/2012 - America Invents Act Patents Pre-GATT

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