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America Invents Act › Prior Use

The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant... more +
The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant changes to the patent system, including changing from a first-to-invent scheme to a first-to-file scheme, eliminating interference proceedings and developing post-grant opposition.  less -
Akin Gump Strauss Hauer & Feld LLP

Noninfringement Defense Based on Prior Commercial Use Under 35 U.S.C. § 273 Must Be Timely and Expressly Pleaded

Akin Gump Strauss Hauer & Feld LLP on

The district court in a patent infringement case granted plaintiff’s ex parte request to strike defendant’s prior use defense under 35 U.S.C. § 273. Because defendant failed to plead the defense and did not raise it until...more

Ladas & Parry LLP

United States Trade Secrets Law

Ladas & Parry LLP on

The America Invents Act (AIA) changes the traditional calculus in determining whether to seek patenting an invention or to maintain it as a trade secret. This shift in intellectual property protection is the result of two...more

Butler Snow LLP

Pro Te Solutio - Vol. 6 No. 1 February 2013

Butler Snow LLP on

In This Issue: - Can Experts Testify as to the Ethics or State of Mind of Corporate Defendants? - Patent Reform for Biotech Companies - United States v. Caronia and its Implications for Off-Label...more

Troutman Pepper

Top Ten Reasons To File Your Patent Applications Before March 16, 2013

Troutman Pepper on

The recently enacted America Invents Act (AIA) introduces major changes to the U.S. patent laws, with some significant provisions taking effect on March 16, 2013. These provisions provide several compelling reasons to file...more

Chambliss, Bahner & Stophel, P.C.

The America Invents Act

Chambliss, Bahner & Stophel, P.C. on

As we advised previously, on September 16, 2011, the President signed the Leahy-Smith America Invents Act, the most comprehensive overhaul of the U.S. patent system in more than 60 years. Most of the changes required by the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

America Invents Act: Prior User Commercial Rights

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

Prior to the AIA, Section 273 provided a defense to business method patents only. Now, Section 273 provides an expanded defense based on earlier commercial use of a process or instrumentality used in a manufacturing or other...more

Troutman Pepper

Be Prepared: America Invents Act Will Be Changing in the U.S. from ‘First-to-Invent’ to ‘First-to-File’ System

Troutman Pepper on

September 16, 2012 marked the second wave of implementations of the America Invents Act. The first wave of implementations took place a year ago, September 16, 2011, and included changes to false marking, fees,...more

Buchalter

The America Invents Act and Your Business

Buchalter on

The America Invents Act (AIA)— commonly referred to as the “patent reform bill”— was signed into law last month and business owners are still wondering what, if anything, it means to them. Given that patent reform has been...more

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