America Invents Act Patents

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

Cumulative Art Rejections v. Estoppel: Balancing Competing Interests In IPR Petitions

Inter Partes Review, or IPR, is one of the new procedures implemented through the Leahy-Smith America Invents Act that challenges a patent’s validity at the Patent Trial and Appeals Board (PTAB) of the United States Patent...more

Pre-AIA Litigation Triggers Time Bar for Inter Partes Review - Apple Inc. v. VirnetX, Inc. and Science Applications International...

In response to a petitioner’s request for rehearing of a decision denying institution of an inter partes review (IPR) proceeding, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (Board) reiterated that...more

Defensive Publication: An Alternate Way of Maintaining Your Turf in a Competitive Marketplace

It is common knowledge that the bread-and-butter of emerging startups lies in securing exclusive rights to key aspects of their implicated technology. Staking claims to valuable IP assets via direct ownership or exclusive...more

Idle Free v. Bergstrom - Turning the Tables on Patent-Holders

The “America Invents Act” (“AIA”), signed into law on September 16, 2011, dramatically reformed existing patent laws. One particularly important provision replaced Inter Partes Reexamination, a form of post-grant review, with...more

Intellectual Property Bulletin - Winter 2014

The America Invents Act (AIA) came into law back in September 2011, but it was not until last March that its provisions were completely phased in. The changes last year included not only the switch from a “first-to-invent” to...more

The White House Releases Update on "Protecting American Inventors and Innovators"

Earlier today, the White House provided an update on the five executive actions that it announced in June of 2013. At the time, we reported on the President's legislative recommendations and executive initiatives, as well as...more

Patent Holders Beware in America Invents Act Review Proceedings

The impact of the new post-grant review provisions of the America Invents Act (“AIA”) are beginning to be felt. The U.S. Patent and Trademark Office (“USPTO”) recently issued an opinion invalidating key claims of a patent in...more

Thinking of appealing processor+function claims? Beware a sua sponte 112 rejection.

By now, you are probably aware of the numerous patent law changes made under the America Invents Act. If you are involved in patent application preparation and/or prosecution, you are probably also aware of the recent...more

Patents and the State of the Union -- A Response

It may come as no surprise, but on Tuesday, January 28, 2014, President Obama highlighted innovation and the patent system during his State of the Union address...more

12 Observations on Covered Business Method Review

CBM: When the America Invents Act (AIA) was passed in 2011, it ushered in a number of new post-grant options to challenge and defend patents at the United States Patent and Trademark Oce. One of these newly-created...more

"Intellectual Property and Technology: Patent Issues to Watch in 2014"

With key provisions of the America Invents Act (AIA) taking effect and a host of controversial U.S. Supreme Court decisions, 2013 was another active year for intellectual property law. Big cases and big changes will continue...more

More Q&A from Webinar on Top Patent Law Stories of 2013

On Tuesday, we presented a live webinar on the "Top Patent Law Stories of 2013." The webinar covered ten of the fourteen stories that made it onto Patent Docs seventh annual list of top biotech/pharma patent stories. Posts...more

Outsourcing Manufacturing and the Pre-AIA On-Sale Bar

United States patent law prior to the America Invents Act (AIA) implementation provides that an invention is unpatentable if it is on sale more than one year before a patent application is filed. The on-sale bar is triggered...more

Patents In A 3D World: The Challenge of the Second File-Sharing Revolution

Amidst the commotion of the recently-enacted America Invents Act (which resulted in the most substantial overhaul of our patent laws since the Patent Act of 1952), and the flurry of patent legislation directed to the problem...more

Social Media & Games: 2013 Year in Review

2013 was an incredibly active year for social media legal issues. Below are selected highlights on some of the more interesting legal issues that impacted social media, along with links to reference material relating to the...more

Are Patent Plaintiffs in for a Rocky 2014?

The start of a new year is a good time for reflection – an excuse to take stock of where we are, how we got here and where we’re going. So it seems appropriate to observe that 2013 was a big year for accused infringers in...more

Top Three Stories of 2013

Reflecting upon the events of the past twelve months, Patent Docs presents its seventh annual list of top biotech/pharma patent stories. For 2013, we identified fourteen stories that were covered on Patent Docs last year...more

A Road Test of the New PTAB and a Road Map for Future IPR’s - Garmin Int’l, Inc., v. Cuozzo Speed Techs. LLC

In the final decision of the first inter partes review (IPR) (under the America Invents Act), in a proceeding that included a rejection of the patent owner’s attempt to antedate prior art using, as evidence, an inventor’s...more

Proof of Conception of Invention Is Not Confined to Any Formula - Sanofi-Aventis v Pfizer Inc.

Analyzing whether proof of conception of a DNA segment invention required a showing of the entire polynucleotide sequence, the U. S. Court of Appeals for the Federal Circuit affirmed the Board of Patent Appeals and...more

Top Stories of 2013: #4 to #6

Reflecting upon the events of the past twelve months, Patent Docs presents its seventh annual list of top biotech/pharma patent stories. For 2013, we identified fourteen stories that were covered on Patent Docs last year...more

Senate Judiciary Committee Holds Hearing on "Protecting Small Businesses and Promoting Innovation by Limiting Patent Troll Abuse"

On Tuesday, December 17, 2013, the Senate Committee on the Judiciary took up the issue of abusive patent litigation. In a hearing entitled "Protecting Small Businesses and Promoting Innovation by Limiting Patent Troll...more

TC's inside IP - Winter 2013: Patent Troll Legislation Takes Another Step Forward: But Will It – or Should It – Matter?

On December 5, the U.S. House of Representatives approved House Judiciary Chairman Bob Goodlatte’s Innovation Act. This follow-up to the America Invents Act is the first of several Congressional bills targeting so-called...more

TC's inside IP - Winter 2013: The AIA: Reviewing the First Year of Inter Partes Review

September 16, 2013, marked the one-year anniversary of the implementation of the America Invents Act, and with it, the introduction of an important tool for challenging the validity of an issued patent at the U.S. Patent and...more

6 Reasons Inter Partes Review Was Popular in 2013

A look back on 2013 reveals that one reform enacted under the America Invents Act – Patent Office Litigation – has perhaps had the most immediate and dramatic impact. While many predicted that Inter Partes Review (IPR)...more

The Five Ps of Patent Reform: What You Need to Know About the Patent Litigation Reform Legislation Moving Through Congress

The Leahy–Smith America Invents Act (AIA) was passed by Congress and enacted into law on September 16, 2011. Named for its lead sponsors, Sen. Patrick Leahy (D-VT) and Rep. Lamar Smith (R-TX), the Act changed the U.S. patent...more

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