Derivations came on the patent scene via the Leahy-Smith America Invents Act (AIA) that was passed by Congress and signed into Law by President Obama on September 16, 2011.1 The derivations portion of the AIA applies to patents and applications with an effective filing date on or after 03/16/2013.... read more
It has been more than three years since the America Invents Act (“AIA”) went into effect. By this time, you are likely familiar with what constitutes patent-defeating events, or “prior art,” under 35 U.S.C. § 102. Section 102(a) has two distinct parts: § 102(a)(1) contains the “public” events, such... read more
On March 31, the USPTO announced in its “Director’s Forum” blog that it is publishing the Final Rule containing the amendments to the Rules of Practice for trials before the Patent Trial and Appeal Board (the Board). The pre-publication version of the Final Rule is available on the USPTO website.... read more
The months of February and March 2013 are both exciting and challenging for US patent practitioners, as we are preparing for implementation of the final portion of the America Invents Act (AIA).  On March 16, 2013, the US patent system will move from a First-to-Invent patent system to a First-... read more
America Invents Act (AIA)If you are currently considering converting provisional patent applications to non-provisional applications or filing continuation-in-part applications, you may want to consider doing so before March 16, 2013.The U.S. patent system is changing from a First-to-Invent system... read more