Posts Tagged: grace period


How patent laws are harming children and America’s innovative future

The Young Inventor’s Showcase is nothing short of an amazing academic program in 56 Houston area grade schools. The program teaches grade school kids the entire innovation …
By Paul Morinville
4 months ago 17

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
7 months ago 1

Harmonization and the quest for an elusive international grace period

An interview with Jim Pooley, former Deputy Director General of WIPO - The actual changes that we might have to accept in a truly globalized, harmonized system …
By Gene Quinn
1 year ago 2

The Risk of Not Immediately Filing a Patent Application

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 …
By Gene Quinn
2 years ago 1

A Simple Guide to the AIA Oddities: First to File

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 …
By Gene Quinn
3 years ago 17

A Brave New Patent World – First to File Becomes Law

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 …
By Gene Quinn
3 years ago 39

The AIA is the First Universally Equal Patent Law in the World

The AIA is the tough patent law for the U.S. because of the following reasons: (1) U.S. applicants cannot get benefit of the standard and absolute …
By Ken-Ichi Hattori
4 years ago 3

The Impact of the America Invents Act on the Definition of Prior Art

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 …
By Gene Quinn
4 years ago 8

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 …
By Gene Quinn
4 years ago 48

USPTO Publishes Proposed First to File Examination Guidelines

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 …
By Gene Quinn
4 years ago 16

Patent Prosecution Across the AIA Divide: Warning to Patent Practitioners – Special Care is Needed to Avoid Legal Malpractice

Therefore, returning to my hypothetical inquiry above, assume a continuation is filed on or after March 13, 2013, but is accomplished in such a manner so that its does …
By Howard Skaist
5 years ago 20

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 …
By Eric Guttag
5 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 …
By Gene Quinn
5 years ago 13

Traps for the Unwary Regarding Patent Claim Drafting and Definition of Prior Art Under Leahy Smith

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 …
By Howard Skaist
5 years ago 18

Patent Reform Big Time News, Hits Senate Floor

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 …
By Gene Quinn
5 years ago 12