Posts Tagged: legislative history
A Look Back at the Legislative Origin of IPRs
Those now familiar with IPR proceedings will already have recognized how little resemblance current IPR proceedings have to what most supporters of the AIA envisioned upon its …
What the passing of Justice Antonin Scalia means for SCOTUS patent jurisprudence
While Justice Scalia served on the Supreme Court for nearly three decades, his contributions to the area of intellectual property law were quite limited. Scalia did famously …
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. …
First-to-File Guidelines: Did Congress Mean What they Said?
Almost two weeks ago the United States Patent and Trademark Office issued two Federal Register Notices in anticipation of the U.S. converting from first-to-invent to a …
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 …
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 …
America Invents: Lies, Damn Lies and Legislative History
So the point is that there is the language of the bill, and then there is what we were told was in the bill, which actually isn’…