Quantcast

Posts Tagged: grace period


I do not begrudge anyone their point of view or suggest that there is but one right way to successfully get from point A where you have an idea or invention to point B where you dreams of commercial…

Continue Reading

Let s take a step back and consider the nuance of the so-called grace period that remains under the AIA Under the new law we know that in some cases an inventor who publishes information about his or her…

Continue Reading

There are some exceptions whereby a person who files second can still prevail but those exceptions are infinitesimally insignificant and the law surrounding the parameters of the exceptions is non-existent and unfortunately rather ill defined by the USPTO at…

Continue Reading

The AIA is the tough patent law for the U S because of the following reasons U S applicants cannot get benefit of the standard and absolute grace periods on the earliest effective filing date in a foreign countries…

Continue Reading

While the search for prior art won't likely be impacted the value of the prior art located will be dramatically impacted according to Ken Hattori partner in the Washington D C firm of Westerman Hattori Daniels Adrian LLP US…

Continue Reading

The questions asked of the USPTO and specifically Director Kappos related to the USPTO interpretation of the grace period in b B At one point in response to a question Direct Kappos responded We are reading the words just…

Continue Reading

For well over a year I have been explaining that under the US first to file system the inventor will still have a personal grace-period but that the grace-period is personal and relates only to the inventor s own…

Continue Reading

Therefore returning to my hypothetical inquiry above assume a continuation is filed on or after March but is accomplished in such a manner so that its does not qualify to be treated as a patent application under current law…

Continue Reading

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 AIA it means you not only don t blow novelty in the…

Continue Reading

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 ridiculous results Imagine for example that an inventor discloses a specific embodiment…

Continue Reading

For example the new provision retains the existing notion of public use and on sale under current law however a key difference is that the one year grace period of current law will not be available under new Another…

Continue Reading

Easily the most eggregious thing written about patent reform at least that I have seen is a statement from the Associated Press In talking about the grace period in the patent reform legislation the AP wrote It comes with…

Continue Reading