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First-to-File Prior Art America Invents Act

BakerHostetler

Did Recent Changes in the Patent Laws Turn the Page on the Need for Accurate Laboratory Notebooks?

BakerHostetler on

With the enactment of the Leahy-Smith America Invents Act (AIA), the U.S. patent system moved to a “first inventor to file” approach for examining all applications having an effective filing date on or after March 16, 2013....more

BakerHostetler

Did Recent Changes in the Patent Laws Turn the Page on the Need for Accurate Laboratory Notebooks?

BakerHostetler on

With the enactment of the Leahy-Smith America Invents Act (AIA), the U.S. patent system moved to a “first inventor to file” approach for examining all applications having an effective filing date on or after March 16, 2013....more

McDermott Will & Emery

PTAB Institutes Very First Post-Grant Review (PGR) - American Simmental Association v. Leachman Cattle of Colorado, LLC

Representing the first decision of its kind, the Patent Trial and Appeal Board (PTAB or Board) instituted the first post-grant review (PGR) under the American Invents Act (AIA). American Simmental Association v. Leachman...more

Mintz - Intellectual Property Viewpoints

Does the AIA Have a Prior Art Exception You Can Use?

U.S. patent applications filed after March 16, 2013, when the “First-Inventor-to-File” portion of the America Invents Act (AIA) took effect, have started to be published. Thus, it is a good time for applicants to consider...more

Foley & Lardner LLP

Maximizing the Value of Pre-AIA Patent Applications Using First-to-File Regime – Part III

Foley & Lardner LLP on

In this final post of our trilogy, we present a third scenario where the first-to-file regime under AIA offers previously unavailable opportunities for disqualifying certain prior art references....more

Foley & Lardner LLP

Maximizing the Value of Pre-AIA Patent Applications Using First-to-File Regime – Part II

Foley & Lardner LLP on

Our previous post discussed the need for invoking the first-to-file regime in order to maximize the value of certain pre-AIA applications that claim foreign priorities. Here, we present another scenario where the different...more

Foley & Lardner LLP

A Cautionary Tale for Patent Applicants

Foley & Lardner LLP on

When should a patent application be filed? Should it be filed prior to submission of a manuscript or abstract for peer-review or just prior to publication? In highly competitive technologies, it is prudent to file as soon as...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Patent Filing Considerations Under the AIA on the Eve of March 16th

March 16, 2013 is rapidly approaching. This date is significant because it is the effective date of Section 3 of the American Invents Act (AIA). Section 3 of AIA includes the first-inventor-to-file provisions (FITF). Most of...more

Foley & Lardner LLP

Maximizing the Effect of Patent Applications as Prior Art Under the AIA

Foley & Lardner LLP on

Now that we are less than one month away from implementation of the First-Inventor-To-File provisions of the America Invents Act (AIA), stakeholders are considering whether to file new patent applications now, to secure...more

Morrison & Foerster LLP

America Invents Act: USPTO Publishes Final Examination Guidelines for the First-Inventor-to-File Provisions

On July 26, 2012, the United States Patent and Trademark Office (USPTO) published proposed Examination Guidelines for Implementing the First-Inventor-to-File Provisions of the Leahy-Smith America Invents Act (AIA), which...more

Buchalter

The America Invents Act: All Grown Up in 2013

Buchalter on

The America Invents Act (AIA), which was commonly referred to as the “patent reform bill,” was signed into law in 2011, rolled out in 2012 and 2013, and business owners are still wondering what, if anything, it means to them....more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Issues First-Inventor-to-File Examination Guidelines and Final Rule

In a press release issued earlier today, the U.S. Patent and Trademark Office announced that examination guidelines and the final rule for implementing the first-inventor-to-file (FITF) provisions of the Leahy-Smith America...more

Baker Donelson

March 15 and March 18 - Two Important Dates to Make a Note Of

Baker Donelson on

On March 16, 2013, the U.S. Patent and Trademark Office (USPTO) is changing from a First-to-Invent system to a First-Inventor-to-File system under the America Invents Act for all patent applications that have a priority date...more

Jackson Walker

Important Patent Law Changes

Jackson Walker on

The most significant changes in U.S. patent law since 1790 apply to patent applications filed after March 15, 2013. If you have any new inventions or improvements on old inventions that you are considering patenting, or...more

Winthrop & Weinstine, P.A.

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

Miller & Martin PLLC

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

Miller & Martin PLLC on

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

JD Supra Perspectives

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

JD Supra Perspectives on

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

Troutman Pepper

Top Ten Reasons To File Your Patent Applications Before March 16, 2013

Troutman Pepper on

The recently enacted America Invents Act (AIA) introduces major changes to the U.S. patent laws, with some significant provisions taking effect on March 16, 2013. These provisions provide several compelling reasons to file...more

Knobbe Martens

New Patent Application Filing Considerations in View of AIA Changes

Knobbe Martens on

As you may know, the America Invents Act (AIA) has introduced several changes to U.S. patent law. On March 16, 2013, the AIA moves the U.S. from a First-to-Invent system to a First-to-File system. This and other provisions...more

Chambliss, Bahner & Stophel, P.C.

The America Invents Act

As we advised previously, on September 16, 2011, the President signed the Leahy-Smith America Invents Act, the most comprehensive overhaul of the U.S. patent system in more than 60 years. Most of the changes required by the...more

Wilson Sonsini Goodrich & Rosati

The Race to the Patent Office Begins March 16, 2013: Are You Ready?

On Saturday, March 16, 2013, the first-inventor-to-file provisions of the America Invents Act1 (AIA) take effect. The provisions fundamentally alter United States patent law. For patent applications examined under the...more

Saul Ewing Arnstein & Lehr LLP

Consider Filing U.S. Patent Applications Before March 16

MARCH 16, 2013 is the effective date for major changes made to the U.S. Patent Act by the America Invents Act (“AIA”). These changes should motivate inventors to consider filing their patent applications before the changes...more

Downs Rachlin Martin PLLC

On Your Marks, Get Set…. AIA First-To-File Officially Takes Off On March 16, But The Race To File Patent Applications Has Already...

The America Invents Act or “AIA” was signed into law by President Obama on September 16, 2011. After an eighteen month waiting period, on March 16, 2013, two months from today, the US patent system officially changes to a...more

K&L Gates LLP

Major Patent Law Changes First-to-File Provisions - Effective March 16, 2013

K&L Gates LLP on

On Saturday, March 16, 2013, the “first-inventor-to-file” provisions of the Leahy-Smith America Invents Act (“AIA”) go into effect. These provisions replace the current “first-to-invent” system. In addition to various other...more

Perkins Coie

Let The Race Begin: U.S. Joins The World In Rewarding The First Inventor To File

Perkins Coie on

On March 16, 2013, the America Invents Act (AIA) changes U.S. patent law from a first-to-invent system to a first-inventor-to-file system, which moves U.S. patent law into closer harmony with most industrialized nations...more

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