America Invents ACT: Law & Analysis, 2014 Edition
America Invents ACT: Law & Analysis, 2014 Edition

Author: Foley Lardner

Publisher: Wolters Kluwer Law and Business

Published: 2013-12-18

Total Pages: 976

ISBN-13: 9781454845126

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The Leahy-Smith America Invents Act was signed into law on September 16, 2011, and made the most sweeping changes to the U.S. patent law in nearly 60 years. America Invents Act: Law & Analysis, 2014 Edition is the definitive, must-have resource to ensure understanding of and compliance with the America Invents Act. Authored by top U.S. patent law firm Foley & Lardner, this title presents a definitive explanation of the new patent reform legislation. The authors bring clarity to the complex and confusing provisions of the America Invents Act, as well as insight into how the Act could be interpreted. America Invents Act: Law and Analysis is the most invaluable resource to help you: Understand the implications of the new patent reform act through clear and straightforward explanations Quickly find the correct effective date for important changes in the law Gain practical guidance on how the Act may be interpreted so you can anticipate how the Act may affect your client America Invents Act: Law and Analysis, 2014 Edition dissects and analyses the major impacts for patent practitioners, including the switch to a "first-to-file" jurisdiction and the new post-grant review process. Highlights of this new edition include: A new section on miscellaneous provisions regarding derivation proceedings including public availability of board records, correction of inventorship, oral hearing, page limits, discovery and pro hoc vice . In depth discussion of the USPTO's final rules of practice relating to the the inventor's oath or declaration provisions of the AIA. A new section on the four final rules packages implementing inter partes and post-grant review.

Aspen Treatise for Patent Law
Aspen Treatise for Patent Law

Author: Janice M. Mueller

Publisher: Aspen Publishing

Published: 2020-05-18

Total Pages: 1296

ISBN-13: 1543804527

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Succinct and timely, Patent Law, Sixth Edition demystifies its subject as it explores and explains important cases, judicial authorities, statutes, and policy. Approachably written for law students, attorneys, inventors, and laypersons alike, this text stands on its own and may be used alongside any patent or IP casebook to support more in-depth study of patent law. New to the Sixth Edition: Coverage of the Supreme Court’s ongoing, intensive scrutiny of the America Invents Act (AIA), the most significant change to U.S. patent law in 70 years, including: Helsinn (definition of prior art under the AIA) Cuozzo (non-reviewability of institution decisions) Oil States (Constitutionality of AIA) SAS Institute (rejecting partial institution) Return Mail (federal government not a “person” entitled to post-grant review) Dex Media (cert. granted, reviewability of Board’s time-bar decisions) The burgeoning landscape of patent-eligibility jurisprudence under 35 U.S.C. §101, including Federal Circuit decisions in: Vanda, Cleveland Clinic, Genetic Techs., Endo, Athena Diagnostics (laws of nature) Enfish; Thales Visionix (abstract ideas) Berkheimer, Aatrix, Cellspin (role of fact questions in the Mayo/Alice Step Two “inventiveness” inquiry) Disparate viewpoints for analyzing the bedrock requirement of nonobviousness, including the Federal Circuit’s first en banc obviousness decision in thirty years: Apple v. Samsung The continued vitality of infringement under the doctrine of equivalents, as illustrated in a spate of Federal Circuit decisions including: Lilly v. Hospira Supreme Court decisions examining patent infringement remedies, including: WesternGeco (offshore lost profits) NantKwest (cert. granted, attorney fee-shifting in §145 civil actions) Supreme Court decisions cabining long-standing defenses to patent infringement, including: Impression Products (patent exhaustion) SCA Hygiene (laches and equitable estoppel) Professors and students will benefit from: Thorough coverage and clear writing that clarifies principal legal doctrines, key judicial authorities, governing statutes, and policy considerations for obtaining, enforcing, and challenging a U.S. patent In-depth treatment and comparison of pre- and post-America Invents Act regimes for novelty and prior art with numerous hypotheticals Timely statistics on patent trends Succinct analysis of multi-national patent protection regimes Helpful visual aids, such as figures, tables, and timelines A sample patent and breakdown of a prosecution history Boldfaced key terms and a convenient Glossary

Implementing First Inventor to File Provisions of Leahy-Smith America Invents ACT - Examination Guidelines (Us Patent and Trademark Office Regulation) (Pto) (2018 Edition)
Implementing First Inventor to File Provisions of Leahy-Smith America Invents ACT - Examination Guidelines (Us Patent and Trademark Office Regulation) (Pto) (2018 Edition)

Author: The Law The Law Library

Publisher: Createspace Independent Publishing Platform

Published: 2018-11-25

Total Pages: 62

ISBN-13: 9781729847411

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Implementing First Inventor to File Provisions of Leahy-Smith America Invents Act - Examination Guidelines (US Patent and Trademark Office Regulation) (PTO) (2018 Edition) The Law Library presents the complete text of the Implementing First Inventor to File Provisions of Leahy-Smith America Invents Act - Examination Guidelines (US Patent and Trademark Office Regulation) (PTO) (2018 Edition). Updated as of May 29, 2018 The United States Patent and Trademark Office (Office) is publishing examination guidelines concerning the first inventor to file provisions of the Leahy-Smith America Invents Act (AIA). The AIA amends the patent laws pertaining to the conditions of patentability to convert the U.S. patent system from a "first to invent" system to a "first inventor to file" system, treats patents and patent application publications as prior art as of their earliest effective U.S., foreign, or international filing date, eliminates the requirement that a prior public use or sale activity be "in this country" to be a prior art activity, and treats commonly owned or joint research agreement patents and patent application publications as being by the same inventive entity for purposes of novelty, as well as nonobviousness. The changes to the conditions of patentability in the AIA result in greater transparency, objectivity, predictability, and simplicity in patentability determinations. The Office is providing these examination guidelines to Office personnel, and notifying the public of these guidelines, to assist in the implementation of the first inventor to file provisions of the AIA. These examination guidelines also clarify, in response to the public comment, that there is no requirement that the mode of disclosure by an inventor or joint inventor be the same as the mode of disclosure of an intervening disclosure (e.g., inventor discloses his invention at a trade show and the intervening disclosure is in a peer-reviewed journal). Additionally, there is no requirement that the disclosure by the inventor or a joint inventor be a verbatim or ipsissimis verbis disclosure of an intervening disclosure in order for the exception based on a previous public disclosure of subject matter by the inventor or a joint inventor to apply. These guidelines also clarify that the exception applies to subject matter of the intervening disclosure that is simply a more general description of the subject matter previously publicly disclosed by the inventor or a joint inventor. This book contains: - The complete text of the Implementing First Inventor to File Provisions of Leahy-Smith America Invents Act - Examination Guidelines (US Patent and Trademark Office Regulation) (PTO) (2018 Edition) - A table of contents with the page number of each section

America Invents Act Primer
America Invents Act Primer

Author: Sarah Hasford

Publisher: Elsevier

Published: 2017-03-05

Total Pages: 402

ISBN-13: 0128120975

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Since its passage in 2011, the Leahy-Smith America Invents Act ("AIA") has brought many significant changes to U.S. patent law. Accordingly, to assist readers in developing an in-depth understanding of these changes, the America Invents Act Primer provides discussions of each and every one of the AIA's substantive provisions. More specifically, and whenever possible, each discussion of the AIA's provisions includes the following key features: - An identification of the AIA section's effective date, including the statutory basis for such dates; - A direct comparison of relevant pre- and post-AIA statutes; - An analysis of the similarities and differences between pre- and post-AIA statutes; - A discussion of the legislative goals that were addressed by the AIA section; and - An analysis of the practical implications of the changes made by the AIA section. The America Invents Act Primer additionally highlights a number of free resources that can be utilized by readers to attain a deeper understanding of the AIA, including resources that explain how the U.S. Patent and Trademark Office is applying the new law. Overall, the America Invents Act Primer provides a unique and practical desk reference on the AIA that is sure to be useful for years to come. - An identification of the AIA section's effective date, including the statutory basis for such dates; - A direct comparison of relevant pre- and post-AIA statutes; - An analysis of the similarities and differences between pre- and post-AIA statutes; - A discussion of the legislative goals that were addressed by the AIA section; and - An analysis of the practical implications of the changes made by the AIA section.

Changes to Implement First Inventor to File Provisions of Leahy-Smith America Invents ACT (Us Patent and Trademark Office Regulation) (Pto) (2018 Edition)
Changes to Implement First Inventor to File Provisions of Leahy-Smith America Invents ACT (Us Patent and Trademark Office Regulation) (Pto) (2018 Edition)

Author: The Law The Law Library

Publisher: Createspace Independent Publishing Platform

Published: 2018-11-14

Total Pages: 74

ISBN-13: 9781729749678

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Changes to Implement First Inventor to File Provisions of Leahy-Smith America Invents Act (US Patent and Trademark Office Regulation) (PTO) (2018 Edition) The Law Library presents the complete text of the Changes to Implement First Inventor to File Provisions of Leahy-Smith America Invents Act (US Patent and Trademark Office Regulation) (PTO) (2018 Edition). Updated as of May 29, 2018 The Leahy-Smith America Invents Act (AIA) amends the patent laws pertaining to the conditions of patentability to convert the U.S. patent system from a "first to invent" system to a "first inventor to file" system; treats U.S. patents and U.S. patent application publications as prior art as of their earliest effective U.S., foreign, or international filing date; eliminates the requirement that a prior public use or sale be "in this country" to be a prior art activity; and treats commonly owned or joint research agreement patents and patent application publications as being by the same inventive entity for purposes of novelty, as well as nonobviousness. The AIA also repeals the provisions pertaining to statutory invention registrations. The United States Patent and Trademark Office (Office or USPTO) is revising the rules of practice in patent cases for consistency with, and to address the examination issues raised by, the changes in section 3 of the AIA. This book contains: - The complete text of the Changes to Implement First Inventor to File Provisions of Leahy-Smith America Invents Act (US Patent and Trademark Office Regulation) (PTO) (2018 Edition) - A table of contents with the page number of each section

Intellectual Property in Molecular Medicine
Intellectual Property in Molecular Medicine

Author: Salim Mamajiwalla

Publisher:

Published: 2015

Total Pages: 0

ISBN-13: 9781621820833

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Patents are an important way of protecting inventions in the pharmaceutical and biotechnology industries. However, intellectual property law reforms have not kept pace with the rapid advances in genomics, synthetic biology, and stem cell research. Meanwhile, universities are increasingly spinning off companies that use these technologies, requiring the academic scientists involved to gain an understanding of intellectual property law and the patent system as it applies to biomedical innovations. This collection from Cold Spring Harbor Perspectives in Medicine aims to provide a clear, current, and comprehensive understanding of biomedical intellectual property and the laws that protect it. The contributors describe patent laws and practices in the United States, Canada, Australia, and the European Union. They explain the roles of regulatory agencies in intellectual property, various opinions on the patentability of biological materials (e.g., DNA and stem cells), and the implications of recent court decisions (e.g., the Myriad case). Practical issues related to licensing agreements and patent applications are also discussed. The authors offer guidance on the criteria for patent eligibility (e.g., utility, nonobviousness, and novelty), issues related to timing and possession, and rules for determining inventorship. Other topics include trade secrets, research exemptions, and the protection of traditional knowledge related to biological resources. This volume will serve as an essential reference for all scientists, physicians, and technology transfer professionals seeking to navigate the complex rules, regulations, and procedures concerning intellectual property in biotech and pharma.

Patent Failure
Patent Failure

Author: James Bessen

Publisher: Princeton University Press

Published: 2009-08-03

Total Pages: 346

ISBN-13: 1400828694

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In recent years, business leaders, policymakers, and inventors have complained to the media and to Congress that today's patent system stifles innovation instead of fostering it. But like the infamous patent on the peanut butter and jelly sandwich, much of the cited evidence about the patent system is pure anecdote--making realistic policy formation difficult. Is the patent system fundamentally broken, or can it be fixed with a few modest reforms? Moving beyond rhetoric, Patent Failure provides the first authoritative and comprehensive look at the economic performance of patents in forty years. James Bessen and Michael Meurer ask whether patents work well as property rights, and, if not, what institutional and legal reforms are necessary to make the patent system more effective. Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book's findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs. By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer's reform proposals need to be heard. The health and competitiveness of the nation's economy depend on it.

Not So Obvious
Not So Obvious

Author: Jeffrey Schox

Publisher: CreateSpace

Published: 2015-09-08

Total Pages: 192

ISBN-13: 9781517273934

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The first edition of this book was written by Jeffrey Schox for his course "Patent Law and Strategy for Innovators and Entrepreneurs" at Stanford University. After an introduction to intellectual property, it explores the patent system, the requirements for a patent, infringement, and inventorship and ownership issues. The second edition included the America Invents Act ("AIA"), which transformed the U.S. patent system from a "first-to-invent" system to a "first-inventor-to-file" system. The third edition added a glossary and general edits. The fourth edition includes five additional cases: KSR (Supreme Court 2007), Stanford v. Roche (Supreme Court 2011), Prometheus (Supreme Court 2012), Nautilus (Supreme Court 2014), and Limelight (Fed. Cir. 2015).