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Search Results (12) Documents on Intellectual Property Show: results per page Sort by:  | Rehabilitate Your Patent Now: Supplemental Examination
Bruce D. George, Michael C. Greenbaum, Jay P. Lessler, Tara Laster Marcus, Peter S. Weissman; Blank Rome LLP;
Legal Alert/Article February 13, 2013, previously published on February 2013 New with the America Invents Act (“Act”) is a procedure, available only to a patent owner, for supplemental examination of an issued patent. This is the first and only procedure by which inequitable conduct that occurred during the procurement of a patent may be remedied.
| | Legislative Attacks on Tax Strategy and Business Method Patents Continue
Bruce D. George, Michael C. Greenbaum, Jay P. Lessler, Peter S. Weissman; Blank Rome LLP;
Legal Alert/Article January 25, 2013, previously published on January 2013 The America Invents Act (AIA) continues the legislative attack on tax strategy and business method patents. More than ten years ago, Congress took its first swipe at business method patents by creating a prior-user defense to infringement of such patents. Congress has now created a new procedure...
| | Proposed Action (Part 3)
Bruce D. George, Michael C. Greenbaum, Jay P. Lessler, Corinne Marie Pouliquen, Peter S. Weissman; Blank Rome LLP;
Legal Alert/Article December 26, 2012, previously published on December 2012 In our last two updates, we reviewed the new definition of prior art as well as the exceptions thereto.
| | Exceptions to the Definition of Prior Art (Part 2)
Bruce D. George, Michael C. Greenbaum, Jay P. Lessler, Corinne Marie Pouliquen, Peter S. Weissman; Blank Rome LLP;
Legal Alert/Article December 22, 2012, previously published on December 2012 Further to our earlier update on the new definition of prior art, the AIA also redefines the prior art exceptions. The AIA retains the one-year grace period to file an application following an enabling public disclosure by the inventor or someone who derived the disclosure from the inventor. This...
| | New Definition of Prior Art (Part 1)
Bruce D. George, Michael C. Greenbaum, Jay P. Lessler, Corinne Marie Pouliquen, Peter S. Weissman; Blank Rome LLP;
Legal Alert/Article December 17, 2012, previously published on December 2012 The AIA extensively reforms U.S. patent law, and in doing so, replaces the current first-to-invent system with a first-inventor-to-file system. The first-inventor-to-file system, and along with it, an entirely new definition of prior art contained in 35 USC §102, will apply to any patent...
| | Prioritized Examination Under the America Invents Act
Bruce D. George, Michael C. Greenbaum, Jay P. Lessler, Corinne Marie Pouliquen, Peter S. Weissman; Blank Rome LLP;
Legal Alert/Article November 2, 2012, previously published on October 2012 Those familiar with prosecuting patent applications before the U.S. Patent & Trademark Office (PTO) will know that it can take an inordinate length of time to obtain a patent. Depending on the nature of the invention, it is not unusual for 3-5 years to pass before the PTO picks the case up for...
| | Disrupting U.S. Patent Applications: New Procedure for Third Parties to Submit Prior Art and Other Publications in U.S. Patent Applications
Bruce D. George, Michael C. Greenbaum, Jay P. Lessler, Corinne Marie Pouliquen, Peter S. Weissman; Blank Rome LLP;
Legal Alert/Article October 19, 2012, previously published on October 2012 The America Invents Act (AIA) expands the opportunity for third parties to submit prior art (and other printed publications) in pending patent applications before the U.S. Patent and Trademark Office (USPTO). As of September 16, 2012, any third party is permitted to submit printed publications that...
| | America Invents Act’s Prior Use Defense
Bruce D. George, Michael C. Greenbaum, Jay P. Lessler, Corinne Marie Pouliquen, Peter S. Weissman; Blank Rome LLP;
Legal Alert/Article October 3, 2012, previously published on September 2012 The Leahy-Smith America Invents Act of 2011 (AIA) provides a "prior use defense" to patent infringement. Specifically, a party may defend a patent infringement suit by establishing it commercially used, in good faith, a process, machine, manufacture, or composition of matter that is...
| | America Invents Act’s First to File Rule
Bruce D. George, Michael C. Greenbaum, Jay P. Lessler, Corinne Marie Pouliquen, Peter S. Weissman; Blank Rome LLP;
Legal Alert/Article September 26, 2012, previously published on September 2012 The Leahy-Smith America Invents Act of 2011 (AIA) extensively reforms U.S. patent law. Perhaps the AIA's most publicized reform is the change of the U.S. first-to-invent system to a first-to-file (i.e., first-inventor-to-file) system. First-to-file becomes effective March 16, 2013, but good reason...
| | U.S. Supreme Court Holds That New Evidence May Be Introduced In District Court Suits Brought Against the Patent Office for Rejecting a Patent Application
Brian Wm. Higgins, Jay P. Lessler; Blank Rome LLP;
Legal Alert/Article April 24, 2012, previously published on April 2012 The Supreme Court on April 18, 2012 held in Kappos v. Hyatt, slip no. 10-1219, that new evidence, as permissible under the Federal Rules of Evidence (FRE) and the Federal Rules of Civil Procedure (FRCP), may be introduced in a civil suit challenging the rejection of a patent application by the...
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