News & Analysis as of

Patents First-to-Invent 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

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

McDonnell Boehnen Hulbert & Berghoff LLP

RWS Inovia Releases 2017 Report on Global Patent Trends

Patent services provider RWS inovia recently released its eighth annual report on global patent and IP trends. In compiling "The 2017 U.S. Global Patent & IP Trends Indicator," RWS inovia, which produces products for PCT...more

McDonnell Boehnen Hulbert & Berghoff LLP

Biogen MA, Inc. v. Japanese Foundation for Cancer Research (Fed. Cir. 2015)

The Federal Circuit affirmed a decision by the U.S. District Court for the District of Massachusetts that it lacked subject matter jurisdiction under 35 U.S.C. § 146 pursuant to changes in the statute provided by the...more

McDermott Will & Emery

High Evidentiary Threshold for Diligence in Reducing Invention to Practice

McDermott Will & Emery on

Oracle Corp. v. Click-to-Call Technologies LP - Addressing the evidentiary threshold to show diligence in constructive or actual reduction to practice between the date of a prior art reference and the date the...more

Foley & Lardner LLP

Finally Facing First Inventor to File Issues

Foley & Lardner LLP on

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

McDonnell Boehnen Hulbert & Berghoff LLP

PGR Report -- The Attack of 35 U.S.C. § 112

Last week, on September 2, 2014, Accord Healthcare, Inc. ("Accord") filed what appears to be the second-ever Post-Grant Review ("PGR") (see Petition). This PGR was for U.S. Patent No. 8,598,219 ("the '219 Patent"), which is...more

Winstead PC

USPTO to Host America Invents Act Roadshow in Seven Cities Nationwide

Winstead PC on

The U.S. Patent and Trademark Office announced that it will host seven roadshow events across the country to increase public understanding of the First Inventor to File (FITF) provisions of the America Invents Act. The...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2014

Fenwick & West LLP on

The America Invents Act (AIA) came into law back in September 2011, but it was not until last March that its provisions were completely phased in. The changes last year included not only the switch from a “first-to-invent” to...more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Three Stories of 2013

Reflecting upon the events of the past twelve months, Patent Docs presents its seventh annual list of top biotech/pharma patent stories. For 2013, we identified fourteen stories that were covered on Patent Docs last year...more

McDonnell Boehnen Hulbert & Berghoff LLP

Coalition Opposes Expansion of AIA § 18

Last week, a coalition of more than 100 companies and organizations including the Biotechnology Industry Organization (BIO), the California Healthcare Institute (CHI), and Eli Lilly & Company, sent a letter to Congressional...more

Foley & Lardner LLP

USPTO AIA Forum to Be Held on Second Anniversary of the America Invents Act

Foley & Lardner LLP on

On September 16, 2013–the second anniversary of the America Invents Act (AIA)–the USPTO will host a forum on the AIA at its Alexandria, Virginia campus. The USPTO AIA forum will provide an overview of AIA implementation to...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

Downs Rachlin Martin PLLC

The New Age Of Patent Enforcement In The United States: The Brave New World Post-AIA Is NOT First To File – It IS Post Grant...

Sure, First-to-File is new here, but the rest of the world has been dealing with it forever and the sky has not fallen on technological innovation elsewhere. And it won’t fall on it here either under a First-to-File system....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

Ervin Cohen & Jessup LLP

Patent Reform — First to File is Finally Here

As of March 16, 2013, the USPTO officially switched to the first-to-file system—from the first-to-invent system that had previously been a hallmark of U.S. patent law. Part of the America Invents Act, which was enacted...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

Stinson LLP

Intellectual Property Litigation Alert: Post-Grant Review And Inter-Partes Review Are New Alternatives To Federal Litigation

Stinson LLP on

In September 2011, the America Invents Act (AIA) reformed the United States patent statutes. One of the most significant reforms is the change from a "first-to-invent" system to a "first-inventor-to-file" system for new...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

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

McDonnell Boehnen Hulbert & Berghoff LLP

Preparing for the Final Phase of the America Invents Act Going Into Effect March 16, 2013

The final phase of the America Invents Act (AIA) takes effect on March 16, 2013. This means that any patent application filed in the U.S. on or after that date, which, at any time during its pendency, contains a claim that is...more

42 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide