Inventions America Invents Act

News & Analysis as of

Supreme Court 2015-2016 Intellectual Property Case Review

At the end of June, the U.S. Supreme Court’s October 2015 term came to a close. The Court issued written decisions in three intellectual property cases during that term, the same number of cases as during the previous term,...more

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 14, Issue 2 (Spring 2016)

Pre-AIA and Post-AIA Issues Presented by the On-Sale Bar - The “on-sale” bar to patentability refers to a sale or offer for sale of an invention that can invalidate the patent for that invention. The...more

Pre-AIA and Post-AIA Issues Presented by the On-Sale Bar

The “on-sale” bar to patentability refers to a sale or offer for sale of an invention that can invalidate the patent for that invention. The America-Invents-Act (AIA), which altered the language in the statutes that apply to...more

District Court Holds that a Sale Must Make the Invention Public in Order to be an On-Sale Bar under AIA

On March 3, 2016, a U.S. District Court judge held that the entering into and publicizing of a licensing and supply agreement did not constitute an on-sale bar under the America Invents Act. The pre-AIA statute relating...more

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

Russian to bring an invention into the U.S.

Solvay v. Honeywell and §102(g) invention “in this country” Although recent statutory revisions have done away with 35 U.S.C. §102(g), patents with an effective ?ling date before 16 March 2013 are still governed by the...more

USPTO Patent Trial And Appeal Board Completes The First Patent Invalidity Trial Under The America Invents Act

In its first “final” decision under the America Invents Act (AIA), the United States Patent and Trademark Office (USPTO)’s Patent Trial and Appeal Board (PTAB) has invalidated and cancelled all five challenged claims of U.S....more

The First-to-File Patent System is Coming - Optimize Your System Now

On March 16, 2013, the "first-to-file" provisions of the America Invents Act ("AIA"), will take effect, replacing the current first-to-invent system. Here we provide specific recommendations to optimize protection of your...more

Are You Ready for First-to-File Patent Priority?

Patent attorneys are expecting a flurry of patent filing activity by March 15, 2013. This is because under the American Invents Act, U.S. Patent Laws will change on March 16, 2013 and the U.S. will convert to a first-to-file...more

What the First-to-File Patent Change Means (And What IP Strategists Should Do About It) [Video]

On March 16, 2013, the United States patent system will change fundamentally when we switch from a "First to Invent" to "First to File" system, thanks to the America Invents Act. What will it mean for businesses and...more

AIA First-Inventor-To-File Provisions: What to Do Now, What to Do Later

On 16 March 2013, the first-inventor-to-file provisions of the America Invents Act (AIA) will become effective. The new legal climate will pose additional challenges to obtaining a US patent that demand strategic choices both...more

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