Posts Tagged: first to file


The Myth of the 18-Month Delay in Publishing Patent Applications

Starting in November 2000, the USPTO started publishing patent applications 18 months after their earliest filing date. So the simple assumption is that you file a patent and 18 months …
By John F. Martin
4 years ago 8

Why it is unnecessary to open the patent system

Chien argues that it is impossible for someone to donate their technology without fearing that another will get a patent on it and defeat the well-meaning donation …
By Gene Quinn
4 years ago 59

The Risk of Not Immediately Filing a Patent Application

I do not begrudge anyone their point of view, or suggest that there is but one right way to successfully get from point A where you have …
By Gene Quinn
5 years ago 1

USPTO to Host First-Inventor-to-File Anniversary Forum

The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) today announced that it will host a public forum to discuss the first-inventor-to-file (…
By U.S.P.T.O.
6 years ago 0

The Impact of the First-to-File System on Premature Disclosures of Inventions on Social Media Websites

Social media websites such as Facebook, LinkedIn and Twitter, have changed the manner that businesses communicate and market their products and innovations. Although these tools may be …
By Mark Wallerson
6 years ago 3

The Benefits of a Provisional Patent Application

Like any other patent application, a provisional patent application is effective to stop the clock relative to so-called statutory bars and immediately upon filing a provisional patent …
By Gene Quinn
6 years ago 45

A Simple Guide to the AIA Oddities: First to File

Let’s take a step back and consider the nuance of the so-called grace period that remains under the AIA. Under the new law we know that …
By Gene Quinn
6 years ago 17

The America Invents Act: Traps for the Unwary

Consider the following: On Friday, March 15, 2013, an applicant could file a U.S. patent application covering an invention that was the subject of a publication provided the …
By Gene Quinn
6 years ago 13

Top 5 Post AIA Implementation University Considerations

Considered by many as the most comprehensive revision to the United States patent system in over 50 years, the America Invents Act (“AIA”) represents progressive legislative reform intended …
By Randolph Clower
6 years ago 2

Patent Attorney Services After First To File. WHAT to File?

Just as most of society wrongly considers doctors as “gods”, many patent clients wrongly think that patent attorneys will help them achieve these business objectives simply by …
By Andy Gibb
7 years ago 2

A Brave New Patent World – First to File Becomes Law

There are some exceptions whereby a person who files second can still prevail, but those exceptions are infinitesimally insignificant, and the law surrounding the parameters of the …
By Gene Quinn
7 years ago 39

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 …
By Gene Quinn
7 years ago 36

USPTO Publishes Final Rules and Guidelines Governing First-Inventor-to-File

The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) today published final rules of practice implementing the first-inventor-to-file provision of the Leahy-Smith …
By U.S.P.T.O.
7 years ago 0

AIPLA Exclusive: On the Record with Todd Dickinson, Part 1

As a part of this all-access look behind the scenes I interviewed Q. Todd Dickinson, the AIPLA Executive Director who is also a former Under Secretary of …
By Gene Quinn
7 years ago 0

First Inventor to File: USPTO Derivation Proceedings Go Final

Section 42.405(c) provides that a derivation is not sufficiently shown unless it is supported by substantial evidence. This includes at least one affidavit addressing communication and lack …
By Gene Quinn
7 years ago 11