Posts Tagged: America Invents Act


How Patents Enable Mavericks and Challenge Incumbents

Advocates for “patent reform” have long argued that reducing patent protection will open up markets and accelerate innovation by lowering entry barriers and expanding access to existing …
By Jonathan Barnett
1 day ago 7

The Comments Are In: More Have Their Say on USPTO Discretion to Institute AIA Trials

Submissions in response to the United States Patent and Trademark Office’s (USPTO) “Request for Comments on Discretion To Institute Trials Before the Patent Trial and Appeal …
By Rebecca Tapscott
2 months ago 3

Comments are Piling Up in Response to the USPTO’s Request Regarding Discretion to Institute AIA Trials

As of December 1, 750 comments had been received in response to the United States Patent and Trademark Office’s “Request for Comments on Discretion To Institute Trials Before …
By IPWatchdog
2 months ago 6

Thought Experiment: Is Our Patent System Ready for a Potential Future of Brain Interfacing?

Currently, brain recording and/or brain stimulation is used almost entirely for medical or research purposes. Invasive surgery is generally required to read neural signals with high …
By Kate Gaudry & Mark Mathison
2 months ago 1

USPTO Seeks Comments on Discretion to Institute Trials Before the PTAB

On October 20, the United States Patent and Trademark Office (USPTO) published a “Request for Comments on Discretion To Institute Trials Before the Patent Trial and Appeal Board” …
By Rebecca Tapscott
3 months ago 2

Tech Companies’ Lawsuit Against USPTO – and Small Business Inventors’ Motion to Intervene – Highlight Need to Address NHK-Fintiv Factors Via Rulemaking

On September 9, a panel of three administrative patent judges (APJs) at the Patent Trial and Appeal Board (PTAB) issued a decision denying institution of a petition filed …
By Steve Brachmann
4 months ago 7

Special Interest Group Implores Congress to Extend CBM Program

Two weeks before the Transitional Program for Covered Business Method Patents (CBM) Program, implemented in 2012 under the America Invents Act (AIA), is set to expire, a special …
By Eileen McDermott
5 months ago 6

A Note to SCOTUS on Arthrex, Judicial Independence, Ethics and Expanded Panels at the PTAB

In Article 1, Section 8, Clause 8, of our Constitution, the founders were relatively specific. The founders give Congress power to secure “the exclusive Right" to “Authors and Inventors” in …
By Paul Hayes & Gene Quinn
6 months ago 14

Financial Incentive Structure for AIA Trials Destroys Due Process at PTAB, New Vision Gaming Argues

On June 30, New Vision Gaming & Development filed a corrected appellant brief with the U.S. Court of Appeals for the Federal Circuit challenging two covered business method (…
By Steve Brachmann
6 months ago 5

PTAB Rulemaking: Past, Present, and Future

Recently, the USPTO published a Notice of Proposed Rulemaking (NPRM) to change the “Trial Practice at the Patent Trial and Appeal Board,” which is contained in Part 42 …
By Josh Malone
7 months ago 6

Why We Need USPTO Examiners to Attend Inter Partes Reviews

Whoever wrote the America Invents Act (AIA) left out the U.S. Patent and Trademark Office (USPTO) examiners. The examiner on any given patent at issue in …
By Paul Hayes
9 months ago 39

Golden v. United States Shows That the Federal Circuit Overstepped Its Bounds in Celgene

Last week, in Golden v. United States, the Federal Circuit again rejected the argument that the cancellation of a patent in an America Invents Act (AIA) post-grant …

Your Licensees’ Patent Marking Program is Also Your Concern

As an in-house IP attorney, you may take comfort in knowing that your patent marking program is thorough, well-established, and properly executed. You have standardized procedures to …
By McCord Rayburn
10 months ago 0

The Only Thing the America Invents Act Can’t Take from Me: My Story

A flash of genius hits like lightning. It shocks you into a superior state of understanding and your entire body buzzes. My flash struck in the summer …
By Ari Rosenberg
11 months ago 57

Rethinking the Patent System: Five Ways to Make U.S. Patents a Real Investment Vehicle

The patent industry is in the doldrums. While the U.S. economy continues to endure historic, sustained growth, the stock market has skyrocketed, and new services, products, …
By Shawn Ambwani
11 months ago 122