Courtenay C. Brinckerhoff

Courtenay C. Brinckerhoff

Foley & Lardner LLP

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Patent Reform: The Leahy Patent Transparency and Improvements Act

Now that the Goodlatte Innovation Act has passed the House, its provisions likely will be reconciled with the Patent Transparency and Improvements Act (S. 1720) that was introduced in the Senate by Senator Leahy (D-Vt.) on...more

12/17/2013 - Disclosure Requirements Double Derivative Claims First-to-File Innovation Act Inventors Obviousness Patent Reform Patents

Goodlatte Proposes an Obviousness Type Double Patenting Statute

One of the provisions of the Innovation Act introduced by Congressman Goodlatte (R-VA) on October 23, 2014, purports to codify the doctrine of obviousness-type double patenting for applications and patents examined under the...more

11/6/2013 - First-to-File First-to-Invent Innovation Act Obviousness Patent Reform Patents Prior Art

USPTO AIA 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...more

9/13/2013 - America Invents Act First-to-File First-to-Invent Patent Reform 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 Patent Reform 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 Patent Reform Patents Prior Art

A First Look at the Final First Inventor to File Rules

The USPTO’s final First Inventor To File rules and Examination Guidelines were published in the February 14, 2013 edition of the Federal Register. While many of the final rules are identical to the proposed rules, there are...more

2/19/2013 - First-to-File Foreign Priority Applications Ipsissimis Verbis Identity Patents Prior Art Same Subject Matter Requirement Third-Party Transition Applications 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 Patent Reform Patents USPTO

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