Posts Tagged: america invents act


First to File Means File First! The Risk of Not Immediately Filing a Patent Application

When people say that inventors do not need to start with a patent application and can wait to file I cringe. It is not that this is …
By Gene Quinn
9 months ago 1

Why Libertarians Should Support a Strong Patent System

Libertarians believe in property rights and government protection of those rights as one of the few necessary requirements of government. Ownership of property and free markets leads …
By Bob Zeidman & Eashan Gupta
9 months ago 78

Have We Hit Bottom in the Patent Market?

The patent market had an amazing bull run from the late 1980’s through 2012. The peak was 2011 to 2012 when we saw a number of multi-billion dollar patent sales …
By Erich Spangenberg
11 months ago 32

3D Printed Human Organs and the Debate on Applicable Patent Law

3D printed human organs are coming increasingly close to being a reality according to several reports. In addition to potentially saving thousands of lives every year, this …
By Andrew Armstrong
12 months ago 16

USPTO changes method for correcting foreign priority claims

Because the AIA does make foreign priority claims relevant, the USPTO will now require that any correction of the identification of the foreign application (by application number, …
By Gene Quinn
12 months ago 4

A Strategy for Protecting Software Claims from Invalidation Under the Algorithm Requirement

In general, the courts distinguish between functions and algorithms, and they require patent applicants to disclose algorithms to cure perceived deficiencies in functions. The problem with this …

Patent market dynamics and the impact of Alice and the AIA

The market price plummeted in the second half of 2011, and set off the downward spiral that stormed through the second half of 2013 when the market price reached …
By Jack Lu
1 year ago 4

Patent Abuse or Genius? Is Kyle Bass Abusing the Patent System?

Time and time again throughout the legislative history post grant proceedings were explained as being a faster, low-cost alternative to litigating validity disputes in Federal District Court. …
By Gene Quinn
1 year ago 37

USPTO makes changes to AIA post grant proceedings

The immediate modification to the page limits for motions to amend is more in line with reality given the high burdens placed on patent owners. Even when …
By Jon Wright
2 years ago 1

Decrease in patent litigation questions need for patent reform

In 2014 there were 1,070 fewer patent lawsuits filed than during 2013. Furthermore, the number of patent cases filed in 2014 was lower than the number of cases filed in 2012 by …
By Gene Quinn
2 years ago 8

If Patent Reform Is Meant to Starve Patent Trolls, Why Is It Feeding Them Instead?

In the post-AIA world, patent litigation has become an expensive and very risky proposition for law firms. The end result is undoubtedly one of the great ironies …
By Michael Gulliford
2 years ago 14

USPTO to Host AIA Roadshow in Seven Cities Nationwide

The USPTO specifically wants to broaden public knowledge of the FITF provisions and assist understanding of the provision’s administrative processes to aid inventors and their representatives …
By U.S.P.T.O.
2 years ago 1

Inter Partes Review: Who is a “Privy” of the Petitioner?

There is a time limit for preventing certain petitioners from initiating an IPR proceeding against a patent, and there is currently a petition for writ of mandamus …
By Allard Chu
3 years ago 5

An Exclusive Interview with Bernard Knight

There was nothing off the table for discussion in this interview. We discuss how and why he choose McDermott, as well as what it was like working …
By Gene Quinn
3 years ago 0

Let the AIA Reforms Have an Opportunity to Prove They Work

A recurring theme that can be traced through the patent reforms of the AIA to the current debate over patent litigation abuse is the issue of patent …
By Q. Todd Dickinson
3 years ago 0