Posts Tagged: grace period


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 …
7 months 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 …
1 year 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 …
2 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 …
2 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 …
3 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 …
3 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 …
3 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 …
3 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 …
4 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 …
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

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 …
4 years ago 18