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NLJ Home > Intellectual Property: A Special Report

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Intellectual Property: A Special Report

The National Law Journal

January 23, 2012

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The Leahy-Smith America Invents Act was signed into law on Sept. 16, 2011, shifting the United States from a system where a patent is awarded to the first person who comes up with an invention to one where it's awarded to the first person who files a patent application. The change brings the country in line with most other patent offices around the world.
 
 
 
 
Kappos guides PTO as it revs up for new law
U.S. Patent & Trademark Office director David Kappos says the new law "is a fundamental change in the way we think about writing a patent." He is working hard preparing for it.
 
'Trolls' adapting to limit on multidefendant cases
Critics of "patent trolls" cheered the sweeping new law when it was enacted, but have since realized that it's too soon for a victory lap.
 
 
A patent law primer
Patent practitioners weigh in with the 10 things you should know about the Leahy-Smith America Invents Act.
 
PTO to expand its role in patentability challenges
Lawyers contemplating the two new review proceedings may take lessons from two existing ones. 
 
CHART
Notable patent decisions from 2011
 
 NLJ VIDEO
Indranil Mukerji on the American Invents Act
The Fish & Richardson partner discusses important provisions in the new patent law.
 
 
WEB-ONLY 
'Apple v. Samsung': Smart phone and tablet market at stake
The Federal Circuit will consider Apple's claims of design-patent infringement in March.
 
WEB-ONLY
Licensing and litigation under the RAND umbrella
Recent court decisions show that a commitment to a standards-setting organization, while flexible, is far from toothless.
 
WEB-ONLY
Disclose narrowly and claim broadly at your own risk
Recent Federal Circuit decisions reveal divergent views of the written-description requirement among the judges.
 


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Reader Comments

  • John R. Crossan

    January 26, 2012 09:55 PM

    The new patent law provides that it is the first inventor to file who is to be awarded the patent -- not just the first to file, such as one who derived the invention from the first inventor. This is an important distinction, different from the first to file rules of many other nations.%0D %0D

  • Joe Jefferis

    January 23, 2012 01:14 PM

    What will happen if the US Patent Office never issues a patent for cheap hydrogen from plain water technology? http://www.lanl.gov/news/releases/cheaper-hydrogen-fuel-cells.html How can we quickly commercialize this technology and end our collective addiction to oil?

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