Patent Prosecution Update
November 2011
Navigating the New U.S. Patent Filing System
Recently, President Obama signed into law the America Invents Act (AIA), which represents the first major overhaul of U.S. patent law in over half a century. Of the many changes, the AIA most notably converts the U.S. patent filing system from a First-to-Invent system to a First-Inventor-to-File system on March 16, 2013 (“the effective date”). The new system will apply to applications that include at least one claim not entitled to a priority date earlier than the effective date. That is, if all of the claims of an application filed after the effective date are entitled to a priority date earlier than the effective date, the prosecution of that application will be governed by the First-to-Invent system. This article discusses the new system and provides some strategies for navigating the change. More
UK High Court Revisits Excluded Subject Matter with Some Promise for Applicants
Recently, the United Kingdom (UK) High Court suggested that the practice of the UK Intellectual Property Office (UKIPO) may have to change to permit more patenting of inventions in excluded categories. More
Navigating the New U.S. Patent Filing System
Recently, President Obama signed into law the America Invents Act (AIA), which represents the first major overhaul of U.S. patent law in over half a century. Of the many changes, the AIA most notably converts the U.S. patent filing system from a First-to-Invent system to a First-Inventor-to-File system on March 16, 2013 (“the effective date”). The new system will apply to applications that include at least one claim not entitled to a priority date earlier than the effective date. That is, if all of the claims of an application filed after the effective date are entitled to a priority date earlier than the effective date, the prosecution of that application will be governed by the First-to-Invent system. This article discusses the new system and provides some strategies for navigating the change. More
UK High Court Revisits Excluded Subject Matter with Some Promise for Applicants
Recently, the United Kingdom (UK) High Court suggested that the practice of the UK Intellectual Property Office (UKIPO) may have to change to permit more patenting of inventions in excluded categories. More
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