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Changes to U.S. Patent Law Under the AIA Take Effect September 16, 2012

Important provisions of the America Invents Act ("AIA"), the most significant patent reform legislation in decades, will be implemented by the United States Patent and Trademark Office ("USPTO") over the next six months....more

Federal Circuit Confirms That U.S. Priority Claim Must Be Considered When Assessing Interference Timeliness

In Loughlin v. Ling, the Federal Circuit affirmed a decision of the USPTO Board of Patent Appeals and Interferences that had canceled the sole claim of Loughlin’s patent in an interference proceeding. The decision turned on...more

USPTO Changes Post-Notice of Appeal Patent Term Adjustment Rules

In an August 16, 2012 Federal Register Notice, the USPTO announced final rules that change the way that Patent Term Adjustment (PTA) will be calculated after a Notice of Appeal has been filed. The final rules generally follow...more

Federal Circuit Applies “Four Corners” Test For Incorporation By Reference To Support Priority Date

In Hollmer v. Harari, the Federal Circuit clarified the requirements for incorporation by reference of subject matter required to support a priority claim under 35 USC § 120. The decision underscores the care that must be...more

Obtaining Patents Under the America Invents Act (Patent Reform)

Originally proposed in 2005, the America Invents Act ("AIA"), colloquially known as the "patent reform bill," was signed into law on September 16, 2011. This represents the most dramatic change to the U.S. patent law since...more

America Invents Act of 2011: Major Changes in the Law

Patent litigation can be analogized to a game of chess. In chess each player has six distinct pieces – the king, queen, rook, bishop, knight, and pawn – each with its own strengths and weaknesses. In patent litigation,...more

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