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 …
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 …
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 …
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 …
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” …
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 …
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 …
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 …
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 (…
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 …
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 …
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 …
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 …
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, …
