News & Analysis as of September 20, 2024

Patent Reform

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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 -

The Many Flavors of Inter Partes Review Estoppel: A Review and Update

Haug Partners LLP on 9/11/2023

I. Introduction - The Leahy-Smith America Invents Act (“AIA”) was years in the making. From the first patent reform bill introduced by Representative Lamar Smith in June 20052 until the final House and Senate debates in...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

PTAB Releases Update to Motion to Amend Study

Jones Day on 8/24/2020

The Patent Trial and Appeal Board (PTAB) has published the sixth installment of its Motion to Amend Study. The study tracks and analyzes all motions to amend filed in America Invents Act trials, including pilot motions,...more

Quick Protection or Flexible Prosecution? Have it Both Ways with Track-One and Deferred Examination

Womble Bond Dickinson on 6/6/2019

Today, technology companies are conceptualizing new ideas and improving upon those ideas at a blistering pace. Previously, under the United States’ first-to-invent patent system, such companies could afford to wait until new...more

New PTAB Pilot Program for Claim Amendments

Jones Day on 11/5/2018

The USPTO has proposed a pilot program intended to make it easier to amend claims before the PTAB. (See the USPTO’s Request for Comments on Motion to Amend Practice and Procedures in Trial Proceedings under the America...more

Overlooked Changes To Patent Cooperation Treaty Practice - Law360

Bradley Arant Boult Cummings LLP on 5/17/2018

The recent Actelion Pharmaceuticals Ltd. case brought to light a little-known quirk in how national stage patent applications affect the length of one’s patent term. That case involved a drug company losing five days of...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

Financial Times to "the Patent Troll Narrative" -- Much Ado About Nothing

McDonnell Boehnen Hulbert & Berghoff LLP on 10/18/2017

On October 16, 2017, the Financial Times (London) published an article by Rana Foroohar entitled "Big Tech vs. Big Pharma: the battle over US patent protection." If the article can be encapsulated in a word, that word would...more

The STRONGER Patents Act: Swinging the Pendulum in Favor of Patent Owners

Bass, Berry & Sims PLC on 7/15/2017

While the House Judiciary Committee conducts hearings today on "The Impact of Bad Patents on American Businesses," a movement is afoot in the Senate to revitalize the U.S. patent system. On June 21, 2017, a bipartisan group...more

Senate’s STRONGER Patents Act Aims to Address Key PTAB Patent Owner Woes

Jones Day on 7/4/2017

On June 21, Senators Chris Coons (D-Del), Tom Cotton (R-Ark), Dick Durbin (D-Ill), and Mazie Hironoa (D-Hawaii) introduced the “Support Technology & Research for Our Nation’s Growth and Economic Resilience Patents Act of...more

2017 PTAB Digest: The Latest Trends and Developments in Post-Grant Proceedings

Morgan Lewis on 5/3/2017

Recent patent reform legislation, rule changes, and court rulings are expected to have a significant impact on the strategies of both patent owners and petitioners....more

DOJ Files IPR Petitions Against Discovery Patents

Foley & Lardner LLP on 5/18/2016

The U.S. Department of Justice (DOJ) filed six petitions for inter partes review (IPR) of three patents assigned to Discovery Patents, LLC. The patents cover security alarm systems and methods for providing secure real-time...more

Intellectual Property Newsletter - September/October 2015

King & Spalding on 9/29/2015

PTAB Update on Inter Partes Review - On August 19, 2015, the Director of the USPTO released a blog post reporting on the state of post-grant review proceedings created by the Leahy-Smith America Invents Act of 2011 and...more

Rep. Goodlatte Releases Report on H.R. 9

McDonnell Boehnen Hulbert & Berghoff LLP on 8/5/2015

Last week, Rep. Bob Goodlatte, Chairman of the House Judiciary Committee, released a 200-page Report on H.R. 9, "The innovation Act," introduced by Chairman Goodlatte with several co-sponsors earlier this year. The bill sets...more

Patent Pending: The Outlook for Patent Legislation in the 114th Congress

King & Spalding on 7/14/2015

The field of patent law is in a state of flux. Just four years after the America Invents Act (“AIA”) went into effect, Congress is taking up the issue once again, this time seeking to pass legislation to curb abusive patent...more

Innovators Beware! Patent Reform Creates the New “Anti-Patent” Troll

Bradley Arant Boult Cummings LLP on 6/30/2015

Recent years have seen a wave of efforts to control frivolous patent-infringement lawsuits perpetrated by so-called patent trolls. These started with the America Invents Act of 2011 and have been followed by the Patent Law...more

An Overview, A Summary And An Update To The Latest Patent Reform

Akin Gump Strauss Hauer & Feld LLP on 6/19/2015

Just four years ago in 2011, President Obama signed the America Invents Act (AIA) into law. Since the enactment of the AIA, there has continued to be steady pressure for further reform. In 2013, the Innovation Act was...more

Congress Continues to Promote Patent Reform Efforts

Orrick, Herrington & Sutcliffe LLP on 6/13/2015

In recent years, Congress has devoted a great deal of attention to patent reform. Those efforts led in 2011 to passage of the Leahy-Smith America Invents Act (AIA), which was the most extensive revision of the patent laws in...more

Group of National and State Organizations Asks Congress to Enact Legislative Reforms to Maintain Strong Patent System

McDonnell Boehnen Hulbert & Berghoff LLP on 6/2/2015

Last month, more than 90 national and state advocacy organizations sent a letter to the leadership of the House and Senate Judiciary Committees, urging Congress to enact legislative reforms that will maintain a strong and...more

STRONG Patents Act Would Fix Micro Entity Gap

Foley & Lardner LLP on 3/6/2015

Senator Coons (D-Del) has introduced patent reform legislation that is similar to but different from the Goodlatte Innovation Act pending in the House. One section of S. 632 that does not have a parallel in H.R. 9 relates to...more

The Year Ahead in Patent Law - 2015

Goodwin on 1/23/2015

With the advent of the America Invents Act (AIA), public perception of frivolous patent litigation, frequently surrounding cases filed by non-practicing entities (NPEs), has received increasing legislative attention. Although...more

Virtual Marking for Patented Articles

Pierce Atwood LLP on 10/23/2014

The AIA introduced many changes to US patent law, including an amendment to 35 USC 287, which is frequently referred to as the “marking” statute. Marking a patented article provides constructive notice to the public of the...more

Inter Partes Review Initial Filings of Paramount Importance: What Is Clear After Two Years of Inter Partes Review Under the AIA

September 16, 2014, marked the two year anniversary since certain provisions of the Leahy-Smith America Invents Act went into effect, including post-grant Inter Partes Review (IPR) proceedings before the Patent Trial and...more

Finally Facing First Inventor to File Issues

Foley & Lardner LLP on 10/16/2014

It has been over three years since the Leahy-Smith America Invents Act was signed into law by President Obama, and just over eighteen months since the effective date of the first-inventor-to-file changes to 35 USC § 102....more

PTAB Exercises Discretion When Rejecting Follow-On Petition Filed More Than One Year After Service of the Complaint with...

Knobbe Martens on 10/10/2014

The AIA sets a one-year deadline to file a petition for IPR of a patent from the date a complaint for patent infringement is served. 35 U.S.C. § 315(b). There is an exception: the bar does not apply when joining a second...more

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