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...]
A derivation proceeding is a trial proceeding conducted at the Board to determine whether (i) an inventor named in an earlier application derived the claimed invention from an inventor named in the petitioner's application, and (ii) the earlier application claiming such invention was filed without authorization.
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...]
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...]
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...]
The USPTO has released the final rules to implement the provisions of the America Invents Act effective September 16, 2012. The final rules relate to: Preissuance Submission: Mechanism by which the public can block issuance of a patent. Inventor’s Oath/Declaration requirements: Relaxes the requirements so that it is easier to resolve issues related to uncooperative … [Read more...]
First-inventor-to-file system under the America Invents Act The America Invents Act (“AIA”) was signed into law on September 16, 2011, but different parts of the America Invents Act take effect at different times. The provisions transitioning the United States from a first-to-invent system to a first-inventor-to-file system become effective March 16, 2013. However, acts of … [Read more...]