Edwards Neils LLC is proud to be a VIP Sponsor of the Washington Redskins New Year's Eve 2012 Masquerade Ball, benefiting Every Child Fed charitable organization (www.everychildfed.org). (1/2/13)
The U.S. Patent and Trademark Office announced the publication of the proposed rules andexamination guidelines for the first-inventor-to-file provisions of the America Invents Act, on July 26, 2012 (77 Fed. Reg. 43742, July 26, 2012). The comment period ends October 5, 2012. (7/26/12)
Please see the following links:
President Obama Signs Patent Reform Act of 2011 - Posted September 16, 2011
On September 16, 2011, President Obama signed, and thereby enacted, comprehensive patent reform legislation into law. The H.R. 1240 bill was earlier passed without amendment by the U.S. Senate on September 8, 2011.
Some of the changes are effective immediately upon enactment, while other changes are effective at various time periods starting from today, as discussed below.
Of immediate importance to you is a 15% surcharge that applies to all general statutory patent fees, effective 10 days from today, or on September 26, 2011.
Among the many changes, the following are some of the more important changes:
A) The legislation converts the U.S. patent system to a “first inventor-to-file” standard of determining priority, thus replacing the present “first-to-invent” system. Effective 18 months from today and applies to any patent application having an effective date that is 18 months after enactment.
B) Expanded post-grant review procedure. Effective 1 year from today.
C) Ends the false marking lawsuits, such that only the U.S. government can sue for penalties under the false marking statute. Effective immediately and applicable to all cases pending as of today, or commenced today or hereafter.
D) Best mode is no longer available as a basis for invalidating an issued patent (i.e., cannot be used as a defense in litigation). An inventor will still need to set forth the best mode for accomplishing the invention. Effective immediately.
E) Tax strategy inventions (i.e., directed to reducing, avoiding, or deferring tax liability) are now unpatentable. Effective immediately.
F) A substitute statement can be submitted by the assignee when an inventor refuses to sign or cannot sign the oath or declaration. Effective 1 year from today.
G) 75% fee discount for applicants that meet the definition of newly designated micro-entities. Effective immediately.
H) USPTO user fee diversion is no longer permitted. Thus, user fees will be exclusively available for activities of the USPTO. Effective October 1, 2011.
There are of course many other changes included in this historic patent reform legislation. Please contact us for further information. (9/26/11)
Professional Organizations and Governmental Agencies for Reference: