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Patent Applications First-to-File America Invents Act

Sheppard Mullin Richter & Hampton LLP

SNIPR Tech. Ltd. v. Rockefeller Univ., No. 22-1260 (Fed. Cir. July 14, 2023)

This case addresses certain implications of the Laehy-Smith America Invests Act (AIA), namely whether patents with a filing date after March 16, 2013 (pure AIA patents) may be part of an interference proceeding under pre-AIA,...more

Jones Day

PGR Eligibility: An Uphill Climb For Transition Patents

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A patent is eligible for post-grant review (“PGR”) only if the patent is subject to the first-inventor-to-file provisions of the AIA. In Tricam Indus., Inc. v. Little Giant Ladder Sys., LLC, the PTAB explained that...more

Womble Bond Dickinson

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

Womble Bond Dickinson on

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

Ward and Smith, P.A.

What Rights Will I Lose if I Pitch My Invention to Investors Before I File a Patent Application?

Ward and Smith, P.A. on

Did you know that the individual often credited with popularizing karaoke did not reap the financial rewards of his invention to the extent possible? It's true—Japanese musician Daisuke Inoue invented karaoke in Kobe, Japan...more

Robins Kaplan LLP

[Webinar] Best Patent Practices in a Transforming Environment | Part I: Evolving Strategies for Patent Procurement - Feb. 22nd,...

Robins Kaplan LLP on

Today’s patent practice is rapidly transforming.  The practice is undergoing sea changes in patent eligibility, enforcement strategies, and damages.  Now more than ever, innovative companies need to adopt best practices to...more

Foley & Lardner LLP

Did The PTAB Dose The AIA Poison Pill Incorrectly Against Premium Genetics?

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In Inguran, LLC v. Premium Genetics (UK) Ltd., the USPTO Patent Trial and Appeal Board (PTAB) instituted Post Grant Review (PGR) proceedings in a patent granted from an AIA transition application based on its finding that at...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

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

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

Foley & Lardner LLP on

The first-to-file provisions of the Leahy-Smith America Invents Act (AIA) took effect on March 16, 2013. The predominant view among patent practitioners is that applicants should in general keep their pre-AIA patent...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2: Comments on New AIA Rules

On March 16, 2013, the final (and most significant) portion of the Leahy-Smith America Invents Act (AIA) took effect, and the United States broke from a first-to-invent regime to a first-inventor-to-file (FITF) regime. Of...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

Dickinson Wright

Intellectual Property LEGAL NEWS - March 22, 2013 • Volume 1, Number 2

Dickinson Wright on

In This Issue: - AMERICA INVENTS ACT FINAL IMPLEMENTATION: FROM FIRST-TO-INVENT TO FIRST-TO-FILE: The America Invents Act (“AIA”), which went into effect September 16, 2011, introduces some of the most...more

Foley & Lardner LLP

Preserving First-to-Invent Status Under the America Invents Act

Foley & Lardner LLP on

Now that the first-inventor-to-file provisions of the America Invents Act (AIA) have taken effect, stakeholders should understand how to preserve the first-to-invent status of patent applications that were filed before March...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

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

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

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

Winthrop & Weinstine, P.A.

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

Davis Wright Tremaine LLP

“America Invents Act” Patent Law Overhaul: The Benefits and the Drawbacks

“A good idea is never lost. Even though its originator or possessor may die without publicizing it, it will someday be reborn in the mind of another.” ~ Thomas Edison As any inventor or innovator will tell you, an...more

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