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Posts Tagged ‘ invention disclosures ’

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

Posted: Sunday, Nov 27, 2011 @ 8:00 am | Written by Charles Gorenstein | 8 comments
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Posted in: America Invents Act, Guest Contributors, International, IP News, IPWatchdog.com Articles, Patent Fools™, Patent Reform, USPTO

Anyone interested in reading this is likely old enough to have heard the old saying “Be careful what you wish for – you may get it.” Now we have it. Many people situated variously within and outside of the patent system of the United States urged the adoption of first-to-file. The underlying reasons included harmonization with the laws of other nations, and simplification or elimination of some proceedings in our own system, etc. with a view toward curing some of what has been ailing the U.S. patent system. The day, March 16, 2013, is now approaching when first-to-file will be a reality.

There are many questions about the scope and possible impact of the AIA. Exactly how it will all play out remains to be seen. A significant question is what will be the likely impact of the AIA upon the operations of the USPTO, an organization that has been so greatly over-burdened in recent times.

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

Posted: Tuesday, Oct 4, 2011 @ 6:16 pm | Written by Gene Quinn | 13 comments
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Posted in: Congress, Gene Quinn, IP News, IPWatchdog.com Articles, Patent Fools™, Patent Reform, USPTO

By now virtually everyone in the patent and innovation communities knows that on September 16, 2011, President Barack Obama signed into law the Leahy-Smith America Invents Act.  This is an enormous change to U.S. patent laws, likely the largest change in U.S. patent law since at least 1790.  The last major re-write was in 1952, and that wasn’t a re-write so much as a codification of case law that had developed over the previous decades.  This is a major change and one that must be thoroughly and completely respected in terms of breadth and depth.

A lot of arguing has been going on here on IPWatchdog.com about certain portions of the so-called first to file provisions contained in the Act.  Truthfully, the new 102(b)(1)(B) is not written as clear as it probably could be, but I have steadfastly maintained that it provides only a personal grace-period, nothing more.  Many have criticized me at great lengths, and some have even told me via private e-mail they have stopped reading IPWatchdog because I am dead wrong.  I have even had a variety of entertaining discussions with Staffers on the Hill and a variety of senior attorneys and high ranking corporate counsel.  Notwithstanding those who vehemently disagree with me, with every new statement made by the United States Patent and Trademark Office my position seems to be further confirmed.

The grace-period provided to inventors is only a personal grace-period and subsequent disclosure that is not derived from the inventor will create a statutory bar to patentability.  My source?  The United States Patent and Trademark Office.

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AUTM Survey: University Licensing Strong Despite Economy

Posted: Friday, Dec 17, 2010 @ 9:01 am | Written by Gene Quinn | 2 comments
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Posted in: Business, Gene Quinn, IP News, IPWatchdog.com Articles, Licensing, Patent Fools™, Technology & Innovation

According to the 2009 Survey of the Association of University Technology Managers (AUTM), which was just released today, during fiscal year 2009, 596 new companies were formed as a result of university research, which is one more than the 595 formed in 2008 and 41 more than the 555 formed in 2007. The increase, while modest, does come despite a downturn in the U.S. and global economy, proving that even during a down economy good technology and innovation can and does create jobs.  The AUTM survey also shows that invention disclosures continue to rise, patent applications are up, and during fiscal year 2009 there was a surprisingly high increase in foreign filings over fiscal year 2008.

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