New Patent Laws (AIA) have been bad for independent inventors and start-ups The America Invents Act (AIA) signed by President Obama in my opinion is not better for independent inventors. Here’s why. Under the America Invents Act, the U.S. patent system switched from a first-to-invent rule to a first-to-file rule. Under the first to invent rule, the person who first … [Read more...]
First to file
The first to file rule dictates the inventor who first filed a patent application on the invention with the USPTO will be awarded the patent. Browse related articles below.
Can a confidentiality agreement protect me like a patent application?
Good question. The bottom line is that a contract (i.e., confidentiality agreement or non-disclosure agreement) and a patent application protect your interests in different ways. Hence, the recommended course of action is to do both (1) file a patent application, and (2) have the investors and licensees execute a confidentiality agreement to protect yourself. If you don't … [Read more...]
File patent application prior to disclosure due to first to file rule
Inventors are not required to file a patent application before marketing their invention (i.e., product or service) to others. However, doing so is not the recommended course of action because the inventor could lose their patent rights due to the first to file rule. A third party may see the invention, make a slight modification to the invention and file a patent application. … [Read more...]
Two exceptions to the first to file system under the AIA are useless
Under the America Invents Act ("AIA"), the first-to-file a patent application on an invention is awarded the patent. Under a true first-to-file system like in Europe, the rules require that there be no public disclosure until after the patent application is filed. This is known as absolute novelty. The AIA brings the United States closer to a true first-to-file system but is … [Read more...]
File a non-provisional patent application pre-AIA
On March 16, 2013, the United States will transition from a first to invent system to a first to file system under the America Invents Act (“AIA”). In my opinion, it is more advantageous to have a patent application governed by the first to invent system than the first to file system even though the first to invent system for the most part behaves like a first to file … [Read more...]
America Invents Act
The America Invents Act (AIA) which changes major sections of the current Patent Laws became law on September 16, 2011. Certain provisions become effective immediately while others become effective at a later date. Click the following link for a schedule of effective dates. Click the following link for the actual text of the America Invents Act. More commentary and … [Read more...]
1952 Patent Act definitions are expected to flow through to AIA
General rule The America Invents Act (Patent Act) transitions the United States from a first to invent system to a first to file system. Under the new first to file system, the general rule to obtain a patent on an invention is that absolute novelty is required and the first inventor to file or win the race to the Patent Office will be awarded the patent. Two … [Read more...]
Patent Act: First to file and its exceptions
On March 16, 2013, the United States transitioned from a first to invent system to a first to file system under the America Invents Act (“Patent Act”). Inventors and businesses should consider the following aspects of the law when implementing a patent protection strategy. General rule and the exceptions Under the Patent Act, any disclosure dated prior to the filing date … [Read more...]