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Patent reform - US

  • USPTO’s proposed first-to-file rules discourage research disclosures

    July 27, 2012

    The proposed first-inventor-to-file rules published by the USPTO Thursday would effectively stop inventors – particularly in university research settings – from disclosing their inventions early, making the AIA’s safeguard for publishing research findings essentially moot

  • AIA preissuance submission process may prove risky and costly

    July 19, 2012

    Corporate rivals seeking to thwart competitors’ patent applications under the USPTO’s new preissuance submission rules may inadvertently strengthen those that survive the extra scrutiny, lawyers say.

  • USPTO Detroit office open for business

    July 16, 2012

    USPTO officials confirmed Friday during the opening ceremony of the Elijah J McCoy patent office in Detroit that the facility’s first 50 examiners will be assigned applications in art units 2800, 3600 and 3700

  • Why US politicians might revisit the AIA's estoppel rule

    March 30, 2012

    Panellists at Managing IP’s inaugural US Patent Reform Forum this week debated whether the estoppel language tied to post grant review proceedings under the America Invents Act warrants a technical correction by Congress

  • BPAI gets nine new judges

    March 02, 2012

    Acting deputy secretary of commerce Rebecca Blank has sworn in nine new administrative patent judges to the USPTO’s Board of Patent Appeals and Interferences

  • USPTO execs address America Invents Act concerns

    February 22, 2012

    Small entity discounts, overall fee increases and the feasibility of 12-month invalidity trials topped the agenda at yesterday’s virtual town hall meeting held by the USPTO

  • Third-party art, supplemental exam debated at USPTO roadshow

    February 17, 2012

    Attendees of the USPTO’s first roadshow on implementation of the America Invents Act expressed concerns about supplemental examination and pre-issuance submissions of prior art, among other topics

  • Stoll warns over USPTO funding

    February 17, 2012

    Former USPTO commissioner for patents Bob Stoll told patent practitioners Thursday that “we’re taking a calculated risk” implementing the America Invents Act provisions without a guarantee of full funding for the Office

  • USPTO fields criticism on proposed fee increases

    February 15, 2012

    A week after announcing a broad array of increased fees for virtually every USPTO service, the agency experienced resistance from the patent community at a hearing it conducted at its headquarters

  • Have your say on USPTO fees

    February 09, 2012

  • All you need to know about the new USPTO procedures

    February 09, 2012

    Fees are too high, page limits are prohibitive and litigators will be more in demand – these are some initial reactions to the USPTO’s proposed rules on various proceedings mandated by the America Invents Act

  • The road to the rules: a conversation with Janet Gongola of the USPTO

    February 09, 2012

    USPTO Patent Reform Coordinator Janet Gongola gave Eileen McDermott a sneak peek into the months leading up to Tuesday night’s rules package implementing the contested cases provisions of the America Invents Act

  • The rules are out: key provisions of new USPTO procedures

    February 08, 2012

    The USPTO’s proposed rules for post grant review, inter partes review, transitional covered business methods programme and derivation proceedings have been posted on the Office’s website

  • USPTO tacks hefty fees on new patent procedures

    February 03, 2012

    Independent inventors and SMEs may be out of luck if they want their patents reviewed by the USPTO

  • Leahy tells AIPLA: There’s still work to be done

    October 27, 2011

    Senator Patrick Leahy of Vermont last week expressed his gratitude to a crowd of AIPLA Annual Meeting attendees for their help in getting the America Invents Act through Congress (free access)

  • USPTO examines prior user rights

    October 25, 2011

    The USPTO began its transition to a first-to-file system Tuesday by holding its first patent reform public hearing on how prior user rights can be incorporated into the US patent system

  • Kappos: We’re depending on you

    October 21, 2011

    If you’re feeling worried about how the America Invents Act will be implemented, “by all means get active in a committee, so you have a path to provide input on these rules,” said AIPLA Immediate Past President, Alan Kasper, yesterday

  • Fast track launched amid possible government shutdown

    September 23, 2011

    The USPTO will launch the first part of its new three-track patent application system on Monday, as mandated by the America Invents Act

  • Obama seals patent reform deal; USPTO prepares

    September 16, 2011

    As US president Barack Obama signed the America Invents Act into law this morning, the USPTO has already begun hiring in preparation for the many changes imposed by the bill

  • Pooley: US changes could revive harmonisation

    September 15, 2011

    The US move to a first-to-file system “could breathe new life into efforts to harmonise patent law”, said WIPO deputy director general for patents James Pooley on Tuesday

  • Lawyers on life post-reform: “All your instincts are wrong”

    September 13, 2011

    “You are at serious risk of committing malpractice” following passage of the America Invents Act, one speaker joked with fellow patent practitioners yesterday

  • Interview: David Abrams on the downside of first-to file

    September 07, 2011

    As patent stakeholders brace for an overhaul of the US patent system touted by supporters as a jobs creation vehicle, a report published last week by two law professors suggests that the America Invents Act may discourage small inventors from obtaining patent protection

  • Fee diversion delays final patent reform vote

    September 07, 2011

    Less than 24 hours after the Senate voted to move toward final passage on patent reform legislation, a floor vote on the bill may not happen until next week due to one senator’s determination to end fee diversion

  • USPTO poised for patent reform

    August 31, 2011

    The USPTO is prepared to begin implementing patent reform as soon as the America Invents Act clears Congress and is signed into law, a top official said yesterday

  • Small business owners dread patent reform passage

    August 31, 2011

    With a top official of the USPTO saying the agency is prepared to begin enacting patent reform legislation as soon as mid-September, representatives of small business interests yesterday warned the America Invents Act could harm innovation

  • Federal Circuit raises on-sale bar standard

    August 26, 2011

    In August Technology v Camtek, the Federal Circuit this week said that the so-called on-sale bar to patentability in the US applies even if an invention is not ready for patenting at the time of an offer for sale

  • Kappos: without access to fees “we will fail”

    July 14, 2011

    In a live interview with Managing IP on patent reform, USPTO director David Kappos said that without access to all of the fees the Office collects “we will fail – I have no doubt”

  • Ask Kappos your patent reform questions!

    July 07, 2011

    What impact will the first-to-file system have on the Office?

  • Conyers PTE amendment could prolong patent reform

    July 07, 2011

    Along with fee diversion language, a provision in HR-1249 regarding patent term extension is threatening to delay passage of a final patent reform bill

  • Stakeholder perspectives on patent reform

    June 23, 2011

    US patent reform is for the first time ever on its way to becoming law. Below, Managing IP compiles views from various stakeholders on patent reform – both before and after its historic passage by the House of Representatives today.

  • House approves patent reform bill

    June 23, 2011

    The US House Thursday passed a patent reform bill six years in the making, joining the Senate in passing legislation shifting the US to a first-to-file system

  • Patent reform splits down party lines

    June 23, 2011

    The US House of Representatives today approved an amendment that includes compromise language on patent fee diversion, but some former supporters of the legislation now oppose its final passage

  • Fifteen amendments approved by House on patent reform

    June 22, 2011

    Fifteen amendments were approved last night for consideration during a House floor vote on patent reform today, with the most focus on patent fee diversion and the shift to first-to-file

  • Patent reform in jeopardy after section 22 gutted

    June 21, 2011

    The one patent-reform provision almost universally supported by stakeholders – allowing the USPTO to keep all of its user fees - is not likely to be in the bill if it comes up for a House floor vote later this week, sources told Managing IP

  • Stakeholders livid over removal of fee diversion language

    June 21, 2011

    Industry stakeholders across the IP landscape have spent the last week urging Congress not to strike fee diversion language from the House patent reform bill

  • Patent reform bill faces House obstacles

    June 14, 2011

    The House patent reform bill was stalled today on its way to a House floor vote, but its sponsor is rallying industry support to move it forward

  • Industry groups rally to end to fee diversion

    June 13, 2011

    150 companies across a range of industries have signed a letter sent to House of Representatives leaders supporting a patent reform provision that would end the practice of fee diversion

  • Administration weighs in on House patent reform

    May 31, 2011

    A letter released today by US commerce secretary Gary Locke fell short of endorsing the House version of patent reform (HR-1249) completely

  • First-to-file challenged by conservatives

    May 24, 2011

    The chairman of the House Judiciary Committee has countered a challenge within his own party as to the constitutionality of the first-to-file provision of patent reform

  • June vote on patent reform likely

    May 23, 2011

    With a House of Representatives floor vote on patent reform looming, lobbyists are working with Judiciary Committee and leadership staff to make last-minute modifications to the latest bill

  • At-a-glance: HR-1249

    April 14, 2011

    HR-1249 as amended includes several changes from the version introduced two weeks ago

  • US patent reform moves forward with “historic” vote

    April 14, 2011

    US patent reform moved one step closer to completion today when the House Judiciary Committee passed HR-1249, the America Invents Act, by a vote of 32-3

  • House patent reform on slow track

    March 31, 2011

    The US House of Representatives Wednesday introduced a 134-page patent reform bill, but concerns expressed in a subsequent hearing suggest the process will not move quickly

  • Senate passes patent reform; all eyes on House

    March 10, 2011

    Patent owners are waiting to see how the US House of Representatives will respond to the Senate’s decision to pass the America Invents Act of 2011 last night

  • First-to-file could thwart latest patent reform push

    March 03, 2011

    The US Senate yesterday debated the latest patent reform bill amid continuing controversy over its first-to-file provisions

  • New effort to reform US patent law launched

    January 25, 2011

    The announcement by the US Congress last week that it will revive patent reform legislation has been criticised by some who would rather see a fully funded USPTO

  • Michel points to flaws in patent reform bill

    January 25, 2011

    The 2011 Patent Reform Act would mean significant changes for the USPTO

  • US elections put patent reform on shaky ground

    November 05, 2010

    In the wake of the 2010 elections, the fate of patent reform may hinge more on changes to congressional staff than on the newly elected and reelected Congress members themselves

  • Senate bid to pass patent reform blocked

    July 16, 2010

    An attempt to add patent reform bill S515 to legislation concerning small business loan funding in the US has been barred

  • Fee-setting bill could delay patent reform

    May 20, 2010

    US House of Representatives Judiciary Committee chairman John Conyers and ranking member Lamar Smith have introduced a bill to transfer fee-setting authority from Congress to the USPTO director

  • Senate revives US patent reform

    March 08, 2010

    The US Senate Judiciary Committee has revealed details of an agreement that may move patent reform forward this year

  • Compromise puts US patent reform back on track (full version)

    April 06, 2009

    The Senate Judiciary Committee on Thursday approved an amended version of the US Patent Reform Act (S515) that is said to include significant compromises on provisions that have kept the bill deadlocked thus far

  • Damages divide in focus as US reform is re-launched

    April 01, 2009

    Patent reform is back on the agenda in Congress. But, says Eileen McDermott in New York, industry remains divided - especially over how to calculate damages

  • House hears testimony on US patent reform (full version)

    May 05, 2009

    US business leaders have urged the House of Representatives to amend its version of the Patent Reform Act to guarantee that the USPTO keeps all its revenue and to follow the Senate’s lead on damages calculation

  • US patent reform revived (subscriber version)

    March 05, 2009

    The US Senate and House Judiciary Committees on Tuesday have introduced bipartisan, bicameral legislation in the 111th Congress seeking fundamental changes to the US patent system

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