Posts Tagged: America Invents Act


A Kinder, Gentler ‘Death Squad’: Ten Years in, Despite Some Reforms, the USPTO is Still Killing U.S. Patents

Now that the 10th anniversary of the America Invents Act (AIA) has passed, we can look back not only at the past decade, but also the reactions …
By Gene Quinn
3 days ago 17

Celebrating (?) the America Invents Act: Ten Years On, Many IP Stakeholders Say it’s Time for a Second Look

During IPWatchdog LIVE 2021 in Dallas, Texas, I asked a handful of willing attendees for their thoughts on the impact of the America Invents Act (AIA) in anticipation …
By Eileen McDermott
5 days ago 11

Ten Years of the America Invents Act: Toward a More Objective and Accurate Patent System

When the America Invents Act (AIA) was before Congress a decade ago, it was heralded as the first comprehensive patent law since the 1952 Act. Ten years’ perspective …
By Joseph Matal
6 days ago 20

IPWatchdog LIVE Event Wraps Up with Featured Speakers Makan Delrahim and Vishal Amin

On day three of IPWatchdog LIVE in Dallas, Texas, former Assistant Attorney General in charge of the Antitrust Division at the U.S. Department of Justice (DOJ), …
By IPWatchdog
6 days ago 0

Ninth Circuit Affirms Permanent Injunction Preventing Guest-Tek From Petitioning PTAB for Validity Challenges to Nomadix Patents

On September 3, the U.S. Court of Appeals for the Ninth Circuit issued a pair of decisions in Nomadix, Inc. v. Guest-Tek Interactive Entertainment Ltd. on appeal …
By Steve Brachmann
14 days ago 0

MicroSurgical Decision Reiterates PTAB’s ‘Wide Net’ Approach to Transition Applications Under the AIA

March 16, 2013 marked a watershed date in the practice of patent law as the effective date of the Leahy-Smith America Invents Act (AIA). Per Section 3 of the AIA, …
By Katie Merriman
1 month ago 1

PPAC Announcements: Hirshfeld Doubles Down on Director Review Authority; Commerce Department to File for Registration of USPTO Trademarks; Committee Requests Release of $64 Million in User Fees

During the Patent Public Advisory Committee (PPAC) quarterly meeting held today, participants provided an update on the Director Review process under the Supreme Court’s Arthrex v. …
By Eileen McDermott
2 months ago 9

A Closer, Evidence-Based Look at ‘Patent Quality’ Advocacy

The Patent Infringer Lobby has ramped up banging the drum about “patent quality.” They dedicated a week-long campaign to questioning "patent quality,” which its constituents regard as …
By James Edwards
2 months ago 17

USPTO Implementation of Arthrex: Questions from Administrative Law, Part II—the Bigger Picture for Reform

In Part I, we looked at two of the legal principles that govern Arthrex Director review: Director review must be implemented by notice-and-comment “regulation,” not website, and …
By M. David Hoyle
2 months ago 10

USPTO Implementation of Arthrex: Questions from Administrative Law, Part I—Dismissal and Subregulatory Rulemaking

In United States v. Arthrex, No. 19-1434, 141 S.Ct. 1970 (Jun. 21, 2021), Chief Justice Roberts cured an Appointments Clause defect in the Patent Trial and Appeal Board’s (PTAB’…
By M. David Hoyle
2 months ago 36

In Arthrex Ruling, SCOTUS Says Director Review of Decisions, Not Power to Remove APJs, is What Matters

The Supreme Court has issued its ruling in Arthrex v. Smith & Nephew, taking a different approach to curing the statute than did the U.S. Court of …
By Eileen McDermott
3 months ago 5

USIJ Responds to Remarks Made by Senator Leahy on World IP Day Regarding Prior USPTO Administration

In celebration of last month’s World IP Day, Senate Judiciary Committee Intellectual Property Subcommittee Chairman Patrick Leahy expressed his support for a determined effort to encourage …
By Robert Taylor & Chris Israel
4 months ago 15

Tillis Tells PTAB Masters™ Day Three Attendees Congress Should Codify Iancu’s Reforms

In his keynote video address to PTAB Masters participants today, Senator Thom Tillis (R-NC) championed the record of former U.S. Patent and Trademark Office (USPTO) Director …
By Eileen McDermott
5 months ago 8

Kappos at PTAB Masters™ Day Two: PTAB Problems Arose When It Failed to Evolve

The second day of IPWatchdog’s PTAB Masters™ 2021: “Winning at the PTAB” featured a keynote interview with former U.S. Patent and Trademark Office (USPTO) Director David …
By Eileen McDermott
5 months ago 22

PTAB Masters™ 2021, Day One: How Iancu Tried to Repair a ‘Damaged Brand’

While steps taken under former U.S. Patent and Trademark Office (USPTO) Director Andrei Iancu to restore equilibrium at the Patent Trial and Appeal Board (PTAB) have …
By Eileen McDermott
5 months ago 15