IPNewsletter
   taftlaw | intellectual property practice | subscribe | contact us | forward

Taft's Intellectual Property attorneys handle a wide variety of intellectual property issues, both nationally and internationally. Our attorneys advise clients on intellectual property matters relating to patents, trademarks, copyrights, trade secrets, unfair competition, false advertising, right of publicity, licensing, open source, software and technology, websites and domain names. We have experienced, highly qualified litigators who bring and defend IP related infringement lawsuits throughout the United States.  Clients include Fortune 500 companies, hospitals, universities and research institutions, mid-size and small companies, authors, artists, inventors, scientists, and entrepreneurs. 

New Patent Rules Allow Submission of References to be Considered by the Patent Examiner in Examination of Patent Applications of Another    

 

 

Anthony P. Filomena II

afilomena@taftlaw.com

(919) 861-5092 

The America Invents Act introduces new rules, now in effect, implementing Preissuance Submissions.  The Preissuance Submission rules allow you to submit references of potential relevance to the examination of a third party patent application along with a description of the asserted relevance of each submitted reference.  Previously, there was no effective way to submit relevant prior art references to be considered by the patent examiner during the initial examination of a third party patent application.  To encourage use of these new rules, there are provisions enabling submission with no U.S. Patent and Trademark Office ("USPTO") fee.

   

continue reading   

Inventor Oath and Declaration Changes under the America Invents Act 

Ryan White
Stephen F. Rost

srost@taftlaw.com 

(317) 713-3456

 

On Sunday September 16, 2012, changes to the Oath and Declaration of the inventor became effective due to the passage of the America Invents Act.  The United States Patent & Trademark Office (USPTO) published its new rules relating to these changes on August 14, 2012.  These rules are applicable to all new patent applications filed on or after September 16, 2012.

The changes to the Oath and Declaration are provided for in 35 U.S.C. 115 and 118.  Under the changes, someone other than an inventor or a joint inventor can file a patent application.  Moreover, the term "applicant" is no longer synonymous to an inventor.  With the changes, an assignee or other person who can show a sufficient proprietary interest in the invention may be the applicant.

 

continue reading   

Inter Partes Review Replaces Inter Partes Reexamination 

 

Ryan Willis

willis@taftlaw.com  

(513) 357-9663

 

Changes to federal law have modified how a party can challenge a United States patent. Prior to September 16, 2012, a party interested in challenging the validity of a patent for want of novelty and non-obviousness could file a request for inter partes reexamination. That request, if granted by the United States Patent and Trademark Office (USPTO), provided the party with a voice during subsequent review of the patent by the USPTO. Many parties used inter partes reexamination when confronted with a lawsuit for patent infringement to provide for two potential bites at the apple; one through the courts and a second through the USPTO.

 

  continue reading  
  


Taft's Intellectual Property Newsletter is used to inform our clients and friends of significant new developments and current issues in intellectual property law. For more information about Taft Stettinius & Hollister LLP, please visit http://www.taftlaw.com.

These materials have been prepared by Taft Stettinius & Hollister LLP for informational purposes only and are not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. No person or organization should act upon this information without first seeking professional counsel.

We cannot and do not represent you until our client intake process is completed. Further, we reserve the right to accept or decline representing any person or organization in any matter. Accordingly, please do not send us any confidential information about any matter until you receive a written statement from us advising you that we represent you (an "engagement letter"). When you receive an engagement letter from one of our attorneys, you will be our client, and we may exchange confidential information freely. Again, do not send us unsolicited confidential information until you speak with one of our attorneys and get authorization to send that information to us.

Some aspects of this Web site may allow you to register for newsletters, events, functions, or seminars hosted by, sponsored by, or associated with Taft Stettinius & Hollister LLP. The transmission or receipt of any information related to registration for any event or service does not create an attorney-client relationship.

Taft Stettinius & Hollister LLP's Web site and associated materials may provide links to other websites that may be useful or informative.These links to third party sites or information are not intended, and should not be interpreted by readers, as constituting or implying our endorsement, sponsorship or recommendation of the third party information, products or services found there.

The following statement is required by many states, including Kentucky: "THIS IS AN ADVERTISEMENT."
October 2012 Issue
New Patent Rules Allow Submission of References to be Considered by the Patent Examiner in Examination of Patent Applications of Another
Inventor Oath and Declaration Changes under the America Invents Act
Inter Partes Review Replaces Inter Partes Reexamination






This email was sent to ksharpe@taftlaw.com by taft@taftlaw.com |  
Instant removal with SafeUnsubscribe| Privacy Policy.
Taft Stettinius & Hollister LLP | 425 Walnut Street | Suite 1800 | Cincinnati | OH | 45202