President Obama signed into law H.R. 6621 on January 14, 2013, enacting a number of technical corrections to the Leahy-Smith America Invents Act and title 35, United States Code. In addition to correcting a number of scrivener’s errors, the new law revises various windows for inter partes review of first-to-invent patents and reissues, filing of an inventor’s oath or declaration, patent term adjustment of U.S. national stage applications, and derivation proceedings.

“Dead Zones” Eliminated for First-to-Invent Patents and Reissue Patents -

H.R. 6621 amends 35 U.S.C. § 311(c) to remove the so-called “dead zones” in which no review of first-to-invent patents and reissue patents was available under the AIA. H.R. 6621 § 1(d). Now, petitioners need not wait to file inter partes review of those first-to-invent patents issuing within nine months of, or after, September 16, 2012, as H.R. 6621 makes Section 311(c) inapplicable to first-to-invent patents. Similarly, H.R. 6621 makes the nine-month tolling provision of Section 311(c) inapplicable to reissue patents. H.R. 6621 § 1(d (2).

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Topics:  America Invents Act, Dead Zones, Declaration, Derivation Proceeding, First-to-File, HR 6621, Inter Partes Review Proceedings, Inventors, Patent Reform, Patent Term Adjustment, Patents

Published In: Administrative Agency Updates, Civil Procedure Updates, Intellectual Property Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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