News & Analysis as of September 21, 2024

Patent-Eligible Subject Matter

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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 -

USPTO Doubles Down on Inapplicability of Dynamic Drinkware to AIA Cases in Precedential PTAB Decision

Fenwick & West LLP on 11/21/2023

What You Need to Know The USPTO has reiterated its position that Dynamic Drinkware, LLC v. National Graphics, Inc. does not apply to patents and patent applications that fall under the America Invents Act (AIA) by designating...more

Latest Federal Court Cases - July 2023 #3

Schwabe, Williamson & Wyatt PC on 7/18/2023

SNIPR Technologies Limited v. Rockefeller University, Appeal No. 2022-1260 (Fed. Cir. July 14, 2023) Our case of the week addresses a wrinkle in the law concerning disputes between parties that filed patent applications...more

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/8/2023

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Congressional Republicans Propose to Abolish America Invents Act (and a Bit More)

McDonnell Boehnen Hulbert & Berghoff LLP on 11/11/2021

It being the holiday season in America, it is perhaps appropriate that patent traditionalists get something more than coal in their stocking from Representatives Massie (R-KY), Gohmert (R-TX), Gosar (R-AZ), and McClintock...more

Intellectual Property Law Year in Review - March 2019

McDermott Will & Emery on 3/20/2019

In the continuously evolving world of intellectual property law, 2018 was another milestone year. The US Supreme Court and Federal Circuit continued to define key aspects of intellectual property (IP) law including: •...more

Change Is Coming (Maybe): Reviewing the AIA Reviews and 101 “Clarity”

Jones Day on 5/1/2018

On April 18, 2018, the Director of the USPTO Andrei Iancu informed the U.S. Senate Judiciary Committee that he aims to propose changes to America Invents Act reviews by this summer 2018. The Director told the Committee that...more

Will Courts Consider Evidence of Patent Eligibility?

Knobbe Martens on 5/3/2017

Patent enforcement by Texas-based DataTreasury Corp. (“DataTreasury”) was a key motivation for the creation of Covered Business Method Review (“CBM”) proceedings. Senator Charles Schumer of New York, referring to...more

[Webinar] Best Patent Practices in a Transforming Environment | Part I: Evolving Strategies for Patent Procurement - Feb. 22nd,...

Robins Kaplan LLP on 2/7/2017

Today’s patent practice is rapidly transforming. The practice is undergoing sea changes in patent eligibility, enforcement strategies, and damages. Now more than ever, innovative companies need to adopt best practices to...more

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

Foley Hoag LLP on 8/27/2015

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...more

Intellectual Property LEGAL NEWS - March 22, 2013 • Volume 1, Number 2

Dickinson Wright on 3/25/2013

In This Issue: - AMERICA INVENTS ACT FINAL IMPLEMENTATION: FROM FIRST-TO-INVENT TO FIRST-TO-FILE: The America Invents Act (“AIA”), which went into effect September 16, 2011, introduces some of the most...more

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