President Barack Obama signed the Leahy-Smith America Invents Act into law on Sept. 16. The House of Representatives passed it on June 23 by a vote of 304-117, and the Senate passed it on Sept. 8 with an 89-9 vote. The law, which will shift the nation’s patent system to a first-to-file system from a first-to-invent system, is the most sweeping revision of patent law in decades. In this special report, p ractitioners sound off in praise and criticism of the new law. Plus, substantive law articles on provisional patent rights and patent reissue.
The sweeping patent reform law enacted last month is expected to create new classes of intellectual property winners and losers as game-changing provisions kick in during the next 18 months.
We asked several patent practitioners to weigh in on the new patent reform legislation, in praise or criticism.
The 2d Circuit rules that copyright’s first-sale doctrine applies only to U.S.-manufactured goods.
‘KSR’ has made it easier to prove obviousness
Particularly in pharmaceutical cases, this is an increasingly viable patent invalidity defense.
Internet service providers must contend with laws that are not uniform — or not interpreted consistently.
Royalties for infringement before a patent issues
When inventions that are the subject of pending applications are poached, owners can collect based on their provisional rights.
Patent reissue allows inventors to hedge their bets
Two recent appellate court rulings have eliminated a Catch-22 facing branded pharmaceutical companies.