Patent Filing Dates

The Patent Treaty Implementation Act amends the Patent Statute such that non-provisional applications no longer need a claim in order to be accorded a filing date. Required parts of the application to be accorded a filing date include a specification, a fee, and enough information to identify the application.  However, the fee, oath or declaration, […]
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New International Patent Law Treaty

Just as we are getting used to the changes brought by the new America Invents Act, which became fully implemented March 16, 2013, we find that more change is coming. Yes, Congress strikes again, once again in the name of harmonizing and streamlining patent application procedures. While some of these changes may actually be beneficial, […]
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From First to Invent to First to File – Is It Good For America?

The last elements of the America Invents Act went into effect on March 16, 2013 in the US. Among the provisions that went into effect on March 16 was the change from “First to Invent” to “First to File”. Under the old standard of “First to Invent”, the default right to ownership of rights to […]
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From First to Invent to First to File – What Is It?

The last elements of the America Invents Act went into effect on March 16, 2013 in the US. Among the provisions that went in to effect on March 16 was the change from “First to Invent” to “First to File”. Under the old standard of “First to Invent”, the default right to ownership of rights […]
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New Developments in US Patent Law, Not Driven by the America Invents Act

The US Patent Office took a dramatic turn in 2007-2008, challenging patentability to the extent that many “inventions” which previously would have been found patentable, suddenly were labeled as “obvious” and thus found to be not patentable. New information just released – the result was that collections of fee revenue from Issue Fees and Maintenance […]
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Ongoing Issues in US Patent Law Under the Old Patent Laws (pre 9/16/2011) and the New Law

US Unique practice for continuing applications Divisional applications – similar to other countries re Unity of Invention Continuation applications – used to continue examination beyond “normal”. This is no more than a matter of encouraging the applicant to settle for less than all the protection the invention is entitled to. Takes the form of collecting […]
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Issues in US Patent Law

New Issues Under the America Invents Act, signed Sep 11, 2011, 18-month phase in generally seen in the profession to disfavor independent inventors and small business. 1. Previous patent law provided right to file only to the inventor(s). Under the new law, a non-inventor, with sufficient showing of e.g. ownership interest, may file the application. […]
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Can You Pay Lower US Patent Office Fees Under Micro-Entity Rules?

The America Invents Act, passed by Congress last year, includes a provision which carves out a new group of inventors who can pay 75% less in government fees when obtaining and maintaining their patents. But that 75% reduction provision is not yet in effect. And the US Patent Office has not said when it will go into effect. However, we may have now seen the first substantive action toward implementing that provision of the legislation. Namely, last May (2012), the US Patent Office published a proposed set of rules that would, if/when finalized, establish fees for applicants who meet the qualifications set by the legislation, for "micro-entities."
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What Is The “First to File” Provision In The America Invents Act?

The America Invents Act, became law in 2011. This new Federal legislation fundamentally changes the law regarding who gets a patent if two patent applications are pending in the US Patent Office at the same time, claiming essentially the same invention. Why should you care? Under the current/old law, if two patent applications claim the […]
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