Provisional Patent Applications: A History Since being established in 1994 as an amendment to the Patent Act of 1952, which sought to create timing advantages, like that of the Paris convention of 1883 for foreign filing (you can read our previous blog on foreign filing here), provisional holds this date for foreign filing as well,…
Post-Grant Review Proceedings The new United States patent law (AIA) includes several post grant procedures for affecting the patent. This paper will address post grant review (PGR), often previously referred to as opposition. Any third party may request post grant review within nine months after grant. Such a request may be based on any ground…
A. Major Change Resulting from the America Invents Act (AIA) The subject of “first inventor to file, replacing the current “first to invent” system, has gotten a large amount of the publicity. All patent applications with an effective filing date on or after 16 March 2013 are subject to the new law. However, any application…
The America Invents Act (AIA) One of the (potentially) most useful aspects of the AIA is already effective. It is Prioritized Examination (Track 1). For $4,000 ($2,000 for small entities), and without any prior art search or analysis, a request can be filed in the USPTO together with filing a new patent application. The early…
Third Party Submission In Pending Patent Applications The America Invents Act has significantly expanded the possibilities for third parties to file submissions of documents in pending patent applications. As of 16 September 2012, such submissions can be made with respect to any patent application then pending or that is subsequently filed, subject to the timing…
BEWARE OF FILING PROVISIONAL APPLICATIONS ON INVENTIONS The popular press has made it appear that provisional applications are the way to go and that it saves money. Nothing could be farther from the truth. The actual filing fee in the United States Patent and Trademark Office (USPTO) is low for a provisional application, but that…
