Posts Tagged: grace period
Why Helsinn v. Teva Creates Inscrutable Uncertainty About the Scope of Prior Art Instead of Confirming Longstanding Law
To the casual observer, the Supreme Court’s January 23 decision in Helsinn v. Teva may seem like no big deal. In just a few pages of text, …
How patent laws are harming children and America’s innovative future
The Young Inventor’s Showcase is nothing short of an amazing academic program in 56 Houston area grade schools. The program teaches grade school kids the entire innovation …
First to File Means File First! The Risk of Not Immediately Filing a Patent Application
When people say that inventors do not need to start with a patent application and can wait to file I cringe. It is not that this is …
Harmonization and the quest for an elusive international grace period
An interview with Jim Pooley, former Deputy Director General of WIPO - The actual changes that we might have to accept in a truly globalized, harmonized system …
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 …
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 …
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 …
The AIA is the First Universally Equal Patent Law in the World
The AIA is the tough patent law for the U.S. because of the following reasons: (1) U.S. applicants cannot get benefit of the standard and absolute …
The Impact of the America Invents Act on the Definition of Prior Art
While the search for prior art won't likely be impacted, the value of the prior art located will be dramatically impacted according to Ken Hattori, partner in …
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 …
USPTO Publishes Proposed First to File Examination Guidelines
For well over a year I have been explaining that under the US first to file system the inventor will still have a personal grace-period, but that …
Patent Prosecution Across the AIA Divide: Warning to Patent Practitioners – Special Care is Needed to Avoid Legal Malpractice
Therefore, returning to my hypothetical inquiry above, assume a continuation is filed on or after March 13, 2013, but is accomplished in such a manner so that its does …
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 …
Traps for the Unwary Regarding Patent Claim Drafting and Definition of Prior Art Under Leahy Smith
For example, the new provision retains the existing notion of “public use” and “on sale” under current law; however, a key difference is that the one year …
Patent Reform Big Time News, Hits Senate Floor
Easily the most eggregious thing written about patent reform, at least that I have seen, is a statement from the Associated Press. In talking about the grace …
