Posts Tagged: 102(b)


Defending the USPTO Interpretation of the New Grace Period

The questions asked of the USPTO, and specifically Director Kappos, related to the USPTO interpretation of the grace period in 102(b)(1)(B). At one point, in response …
3 years ago 48

The America Invents Act – Panacea or Just Pain for the PTO?

Many people situated variously within and outside of the patent system of the United States urged the adoption of first-to-file. There are, however, many questions about the …
4 years ago 8

Some More Heretical Thoughts on Strategies for Coping with First to File Under the America Invents Act*

So what does this AIA “mumbo jumbo” mean in plain English? Well, to me and especially to others who have previously opined on this provision of the …
4 years ago 23

Prior Art Under America Invents: The USPTO Explains First to File

If (B) gives a blanket exclusion to subject matter, which cannot be used as prior art after a disclosure by an inventor, that would lead to nearly …
4 years ago 13

Did the Supreme Court Rule First to File is Unconstitutional?

The ink is hardly dry on the Supreme Court decision in Stanford v. Roche and already those who oppose patent reform are concocting one of the most …
4 years ago 110

What is Prior Art?

The trouble with explaining what prior art is stems from the fact that everyone already thinks they know what it is. Conceptually we do not want to …
5 years ago 0