By: Dan Pierron Included in the changes with the AIA was the ability for third parties, those not under a duty to disclose prior art to the patent office for a given pending application, to submit prior art. There have been numerous articles about the particularities of the statute, which need to be read and understood […]
Widerman Malek Law Blog
First-To-File … So What?
March 16, 2013 has come and gone, and United States patent law has shifted from a first-to-invent system to a first-to-file system. So what does that mean to you as an inventor? First, you need to understand what may qualify as prior art that can render your invention unpatentable.
I’ve posted an App to the App Store without filing a patent application…Can I still Protect it?
The short answer is Yes. An inventor is granted a one year grace period where their disclosure is not considered prior art for their invention. However, posting an App without first obtaining any patent protection is a risky proposition. Previously, the law followed a first to invent system. This means that if an inventor could […]
AMERICA INVENTS ACT – Limiting Joinder
By: Tyler Hampy Prior to the implementation of the Leahy-Smith America Invents Act (AIA), Federal Rule of Civil Procedure 20 governed permissive joinder of defendants in patent infringement suits. However, prior to the AIA, district courts were split on how they interpreted Rule 20 in patent infringement litigation. A few district courts interpreted Rule 20 […]
