America Invents Act Patent Applications

The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant... more +
The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant changes to the patent system, including changing from a first-to-invent scheme to a first-to-file scheme, eliminating interference proceedings and developing post-grant opposition.  less -
News & Analysis as of

Patenting: A Guidebook For Patenting in a Post-America Invents Act World

Patenting - Patenting generally offers a superior means for legally protecting most inventions, particularly since: • copyright, when available, does not provide a broad scope of protection; and • the ability...more

Faster Is Not Always Better: Dangers of Quickly Filed Patent Applications

The United States switched to a “first-inventor-to-file” patent system in 2013. Ever since, articles and client alerts have stressed the importance of filing your patent applications as quickly as possible. Otherwise, the...more

Final "Ministerial" Rule Amendments for Practice Before the PTAB

On May 19, 2015, the U.S. Patent and Trademark Office published its first "Final Rules" package of amendments to the Rule of Practice before the Patent Trial and Appeal Board ("PTAB"). Keeping with Director Lee's...more

Does the AIA Have a Prior Art Exception You Can Use?

U.S. patent applications filed after March 16, 2013, when the “First-Inventor-to-File” portion of the America Invents Act (AIA) took effect, have started to be published. Thus, it is a good time for applicants to consider...more

Senate Bill Provides Path for Universities to Claim Micro-Entity Status

The America Invents Act (AIA) provided the ability for certain patent applicants to pay significantly reduced government fees that are 75 percent less than the standard fees, if they qualify as “micro entities.” The AIA also...more

Prior Art Redefined Under the AIA

The America Invents Act’s (“AIA’s”) overhaul of the U.S. Patent law system has significantly redefined what constitutes available prior art that can be used to reject patent applications or invalidate patents. Thanks to the...more

How the America Invents Act Has Changed the “One-Year Grace Period” for Filing Patent Applications

The United States patent system underwent a major overhaul last March with the implementation of key provisions of the America Invents Act (“AIA”). The AIA is considered the most substantial change in patent law since 1952...more

United States Trade Secrets Law

The America Invents Act (AIA) changes the traditional calculus in determining whether to seek patenting an invention or to maintain it as a trade secret. This shift in intellectual property protection is the result of two...more

Priority in Patent and Design Applications

Noteworthy Changes for Patent Applicants related to the Patent Law Treaties Implementation Act (PLTIA) effective December 18, 2013. Although the Leahy-Smith America Invents Act (AIA) gets most of the attention, the Federal...more

Video: Claim Contruction in Post-Grant Proceedings [Video]

Robert Greene Sterne, founding director of the intellectual property law firm Sterne, Kessler, Goldstein & Fox, discusses a critical topic in the current patent office litigation landscape -- claim construction in post-grant...more

No Assignor Estoppel in AIA Inter Partes Review

The popularity of IPR proceedings will likely increase as assignor estoppel does not apply to IPRs. Inter Partes Review (IPR) proceedings have become a very popular method of challenging patent validity for actual and...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 11, Issue 4 (Fall 2013): Inter Partes Review and Inter...

On September 16, 2012, Inter Partes Review (IPR) replaced Inter Partes Reexamination (IPX) as an avenue for third party patentability challenges in the United States Patent and Trademark Office (PTO). Arising from the 2011...more

Patent Eligibility Challenges in Post-Grant Proceedings [Video]

Robert Greene Sterne, founding director of the intellectual property law firm Sterne, Kessler, Goldstein & Fox, discusses a critical topic in the current patent office litigation landscape -- patent eligibility challenges in...more

How to Harness Speedy Services from the UK IPO to Improve Your Patenting Strategy

Since 16 March 2013 the America Invents Act (AIA) has expanded what constitutes prior art. The run-up to this law change date saw a spike in new patent applications filed with the United States Patent and Trademark Office...more

Securing Patent Value for Israeli Medical Technology Companies

Israel is a leader in medical technology and life sciences innovation. Though the life sciences industry in Israel is young, it is growing fast: in the last 15 years the industry has expanded from just over 180 life sciences...more

Gaps, Conflicts and Ambiguities in the Federal Courts’ Post-AIA Patent Jurisdiction

In the year and a half since Congress passed the Leahy-Smith America Invents Act (AIA), much has been said and written about the AIA’s substantive impacts on patent law and on practice before the Patent and Trademark Office....more

Fast Track Patent Examination [Video]

Following passage of the America Invents Act, the US Patent Office now provides ways to fast track or accelerate patent examination. In this video, Michael V. Messinger, director at the intellectual property law firm Sterne,...more

Maximizing the Value of Pre-AIA Patent Applications Using First-to-File Regime – Part III

In this final post of our trilogy, we present a third scenario where the first-to-file regime under AIA offers previously unavailable opportunities for disqualifying certain prior art references....more

Maximizing the Value of Pre-AIA 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. Here, we present another scenario where the different...more

Maximizing the Value of Pre-AIA Patent Applications Using First-to-File Regime – Part I

The first-to-file provisions of the Leahy-Smith America Invents Act (AIA) took effect on March 16, 2013. The predominant view among patent practitioners is that applicants should in general keep their pre-AIA patent...more

More Changes to U.S. Patent Laws Coming From Implementation of 2012 Treaties Act

While much attention has been given to the recent, significant changes in U.S. patent law arising from the America Invents Act (“AIA”), lesser attention has been given to patent law changes brought about by further...more

U.S. and USPTO Move to Implement the Patent Law Treaty of 2000

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...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2: Implementing the New Micro...

As part of new rules introduced by the Leahy-Smith America Invents Act (AIA), a new section that defines a “micro entity” was added to Title 35 of the United States Code. As a subset of small entity status, micro entity...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2: Comments on New AIA Rules

On March 16, 2013, the final (and most significant) portion of the Leahy-Smith America Invents Act (AIA) took effect, and the United States broke from a first-to-invent regime to a first-inventor-to-file (FITF) regime. Of...more

A Cautionary Tale for Patent Applicants

When should a patent application be filed? Should it be filed prior to submission of a manuscript or abstract for peer-review or just prior to publication? In highly competitive technologies, it is prudent to file as soon as...more

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