The provisions of the Leahy-Smith America Invents Act (AIA)
relating to "First-Inventor-to-File" are set forth in Section
3. Section 3(a) amends definitions relating to inventorship in 35 U.S.C.
§ 100. The "inventor" is defined in new § 100(f) as "the
individual, or if a joint invention, the individuals collectively who invented
or discovered the subject matter of the invention." A "joint
inventor" is defined as "any 1 of the individuals who invented or
discovered...
Highlight US patent reform
Some main features of new US patent reforms
First to File
The biggest change to US patent laws, and certainly the most discussed, is the fact that the United States has now converted from a first to invent system to a first to file system. Saying that we have a first to file system, however, might be a little misleading given that the term “first to file” has certain international meanings that will not apply.
A traditional first to file system is one that demands absolute...
New US patent Law 103
Nonobvious Subject Matter: The new law would rewrite Section 103 as follows
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which...
Hilmer doctrine and US patent reform
The Hilmer DoctrineThe current version of 35 USC § 102(e) providesA person shall be entitled to a patent unless—(e) the invention was described in – (1) an application for patent, published under section 122(b), by another filed in the United States before the invention by the applicant for patent . . . except that an international application . . . shall have the effects for the purposes of this subsection of an application filed in the United States only if the international...
US PATENT REFORMS
Bringing an end to a long history of bungled reform attempts, President Barack Obama today signed a sweeping reform bill into law that promises to change the system for determining priority for inventions at the U.S. Patent and Trademark Office. Formally known as the America Invents Act, the law also aims to shore up more financing for an agency that's suffered through years-long applications backlogs and out-of-date computer systems."I think it's a positive move," says Gary...
why use patent classification instead of just keyword based searching?
Advantages of using IPC in comparison to only using keyword searching:
Language independent
Terminology / ”jargon” independent
Standardized application to documents
Concept search
Available for (old) patent documents where no full text of claims / description is available
allows for more complete search results than pure text searching
Classification adds information value to patent documents
Combination of classification-based and text searching gives best...
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