By: Dan Pierron Included in the changes with the AIA was the ability for third parties, those not under a duty to disclose prior art to the patent office for a given pending application, to submit prior art. There have been numerous articles about the particularities of the statute, which need to be read and understood […]
Widerman Malek Law Blog
MPEP Rules are NOT Up-to-Date! BEWARE!
By: Sandra Jackson Just recently, I was asked to research a patent question. This required me to look for the answer in the patent Bible, otherwise known as the Manual of Patent Examining Procedure (MPEP). To solve the issue that I was asked to research, I prepared the necessary documents as outlined in the MPEP, […]
First-To-File … So What?
March 16, 2013 has come and gone, and United States patent law has shifted from a first-to-invent system to a first-to-file system. So what does that mean to you as an inventor? First, you need to understand what may qualify as prior art that can render your invention unpatentable.
Changes in Filing Strategy Since First-to-File Arrived
By: Dan Pierron The America Invents Act brought with it many changes, the largest of which, arguably, is the migration from First-to-Invent to First-to-File, with the first inventor to file an application with the USPTO having priority for that invention. While this system is still nascent in the U.S., I have already found there are […]
I’ve posted an App to the App Store without filing a patent application…Can I still Protect it?
The short answer is Yes. An inventor is granted a one year grace period where their disclosure is not considered prior art for their invention. However, posting an App without first obtaining any patent protection is a risky proposition. Previously, the law followed a first to invent system. This means that if an inventor could […]
“Bet You Punks Don’t Remember Deming!”
So you say your company still has not taken the time to document its business processes. Seriously? Never heard of Six Sigma, huh? How about ISO 9000? TQM? Kaizen, maybe? Well, Congress has given you a new reason to bother with process documentation, in the form of the Leahy-Smith America Invents Act.
AMERICA INVENTS ACT – Limiting Joinder
By: Tyler Hampy Prior to the implementation of the Leahy-Smith America Invents Act (AIA), Federal Rule of Civil Procedure 20 governed permissive joinder of defendants in patent infringement suits. However, prior to the AIA, district courts were split on how they interpreted Rule 20 in patent infringement litigation. A few district courts interpreted Rule 20 […]
