New Changes Going Into Effect September 16: The America Invents Act Goes Live

The much anticipated America Invent Acts goes live on September 16 2012.  Independent inventors and companies of all sizes are paying careful attention to how the new law is being implemented.  Here is a summary of the first changes to go into effect.  For the USPTO’s full description see here.

  • The Board of Patent Appeals and Interferences will become the Patent Trial and Appeal Board
  • Inter Partes Reexamination is replaced by Inter Partes Review
  • Third parties can now institute Post Grant Review Proceedings to challenge an issued patent
  • Review proceedings must be developed for challenging the validity of covered Business Method patents
  • Patent owners can now request Supplemental Examination in order to introduce new information and prevent later claims of inequitable conduct
  • Citation of Written Statements now permitted
  • Third parties may now submit publications to the USPTO for consideration in any ongoing patent application
  • Certain changes to Non-Obvious subject matter with regard to process patents
  • Changes to the Inventor’s Oath/Declaration
  • Showing a “lack of deceptive intent” is no longer required: correction of inventorship, retroactive grant of foreign filing license, initiation of a reissue application and sustaining validity of claims
  • Failure to get an opinion of counsel cannot be used to prove an infringer “willfully” infringed on a patent
  • The USPTO may now provide priority treatment of applications for technologies deemed “important”

Whether you have a patent pending or are considering your first filing, understanding the America Invents Act is critical for a winning patent prosecution strategy.

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