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The AIA Three Years Later: How First-to-File Placed a Premium on Provisional Applications


The AIA Three Years Later: How First-to-File Placed a Premium on Provisional Applications

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The Leahy-Smith America Invents Act (AIA) has been the biggest change to U.S. patent law in 60 years. Now that the dust has settled, we are starting to see the impact the AIA has had on the landscape of patent prosecution, and particularly on the status of provisional patent applications. While obtaining the earliest possible […]

Micro Entities: the Birth of New Genre of Patent Applicants

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One of the lesser talked about aspects of the America Invents Act (AIA) is the creation of a new type of filing entity before the United States Patent and Trademark Office (USPTO). Traditionally, all inventors or companies filing patent applications fell into either the small or large entity designation. To be considered “small,” the individual […]

Continued Challenges to Aspects of the IPR Process

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In July, the U.S. Court of Appeals for the Federal Circuit rejected Cuozzo Speed Technologies’ appeal.  Cuozzo was attempting to prove that the claim interpretation used by the Patent Trial and Appeal Board (PTAB) was incorrect.  Currently, the PTAB uses the “broadest reasonable interpretation” to determine if inter partes review (IPR) proceedings are warranted; rather […]

A Goliath Story: Challenging the Constitutionality of IPRs

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Post issue review processes like inter partes review (IPR) were touted during drafting passage of the America Invents Act (AIA) as the perfect tool to combat the plague of non-practicing entities, more commonly known as patent trolls.  However, reality turned out to be much different than what was intended by lawmakers.  When challenged by IPRs, […]

Specification: Cornerstone of a Robust Claim Set in the post-AIA Era

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Claim drafting has always been a critical stage of the patent application process, but trends and developments in the patent realm indicate that quality claims have taken on an even greater significance.  A simple strategy is gaining new importance with regards to strengthening claims submitted for examiner review as U.S. patent holders and attorneys begin […]

4 Implications of AIA and ‘First-to-File’ for Patent Practitioners

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Drafting a high-quality patent application has always been important, but the two years since the United States switched to a first-to-file standard have shown that patent application quality can cost—or generate—untold amounts of money for IP-driven companies.