Training for the Race to the Patent Office
The Leahy-Smith America Invents Act implements the most significant overhaul of the American patent system in almost 60 years, writes Rob McRae. The most widely debated change in the act is the move from a first-to-invent patent system to a first-to-file patent system. The act’s first-to-file provision will create a race to the U.S. Patent and Trademark Office never before experienced in the United States.
Formulate a Nuanced Response to Patent-Notice Letters
When a patent-notice letter lands on a general counsel’s desk, most wonder what to do next, writes Chris P. Perque. Most GCs know they cannot ignore the letter, but it can be difficult to assess how to respond and how much due diligence to perform. But the letter itself — more specifically, the nature of the entity claiming to hold the patent — can help determine the appropriate response.
