Archive for the ‘Patent’ Category

AIA Proposed First-to-Invent Rules

Monday, July 30th, 2012

On Thursday, July 26, 2012, the USPTO announced publication in the Federal Register of proposed rules and proposed examination guidelines for the first-inventor-to-file provision of the AIA. The first-inventor-to-file provision converts the United States from a “first-to-invent” to a “first-inventor-to-file” system.

How will this affect our clients, the inventors?  Primarily by making it more important to file patent applications as early as possible.  This probably means a greater emphasis on filing provisional applications, in order to get the benefit of a filing date ahead of inventors in the U.S. and other countries.

The proposed rules and proposed examination guidelines amend the rules of practice to implement the conversion and set forth the Office’s interpretation of how the conversion impacts sections of the Manual of Patent Examining Procedure related to novelty and obviousness. The proposed rules and proposed examination guidelines are summarized as follows: Continue reading AIA Proposed First-to-Invent Rules »

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Provisional Applications for Patent – In a Nutshell

Friday, July 27th, 2012

A “provisional application for patent” – usually called a provisional patent application – is basically a 12-month placeholding application.   It is less expensive than a regular (non-provisional) patent application, because the filing fee is lower ($125 vs. $530), and because it does not require a set of patent claims to be appended to the technical description, so attorney time in writing the application is reduced.

Once filed, the provisional application buys you twelve months of time to focus on other things, for example prototyping or manufacturing your invention, or getting a new business off the ground.  During these twelve months, the provisional application sits quietly and confidentially in the Patent Office, without any action other than a filing receipt being issued.   The provisional application allows you to use “patent pending” notice just like a regular (non-provisional) application. Continue reading Provisional Applications for Patent – In a Nutshell »

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