Implementation of the Leahy-Smith America Invents Act : hearing before the Committee on the Judiciary, House of Representatives, One Hundred Twelfth Congress, second session, May 16, 2012.

Since its passage in 2011, the Leahy-Smith America Invents Act ("AIA") has brought many significant changes to U.S. patent law. Accordingly, to assist readers in developing an in-depth understanding of these changes, the America Invents Act Primer provides discussions of each and every one of the AIA's substantive provisions. More specifically, and whenever possible, each discussion of the AIA's provisions includes the following key features: - An identification of the AIA section's effective date, including the statutory basis for such dates; - A direct comparison of relevant pre- and post-AIA statutes; - An analysis of the similarities and differences between pre- and post-AIA statutes; - A discussion of the legislative goals that were addressed by the AIA section; and - An analysis of the practical implications of the changes made by the AIA section. The America Invents Act Primer additionally highlights a number of free resources that can be utilized by readers to attain a deeper understanding of the AIA, including resources that explain how the U.S. Patent and Trademark Office is applying the new law. Overall, the America Invents Act Primer provides a unique and practical desk reference on the AIA that is sure to be useful for years to come. - An identification of the AIA section's effective date, including the statutory basis for such dates; - A direct comparison of relevant pre- and post-AIA statutes; - An analysis of the similarities and differences between pre- and post-AIA statutes; - A discussion of the legislative goals that were addressed by the AIA section; and - An analysis of the practical implications of the changes made by the AIA section.

This book provides a strategic framework for cost efficient engineering of market moving patent portfolios by organizing patent engineering efforts around the problems that innovators solve for their customers and not the technologies developed to solve these problems. Patents are a vital asset in the modern business world. They allow patent holders to introduce new products in to a market while deterring other market players from simply copying innovative features without making comparable investments in research and development. In years past, a few patents may have provided adequate protection. That is no longer the case. In today's world, it is critical that innovative companies protect the features of their products that give them a competitive advantage with a family or portfolio of patents that are strategically generated to protect the market position of the patent holder. A patent portfolio that deters competitors from introducing competitive products in a timely manner can be worth billions of dollars. Anything less than this is an expensive and possibly fatal distraction. This book provides a strategic framework for cost efficient engineering of patent portfolios that protect your investments in research and development and that extend the market advantages that these investments provide. The book illustrates the use of the problem centric framework to enable the efficient creation of individual patents and patent portfolios that have significant value in and by themselves and allow a company to control its product market. It also introduces the concept of a patent engineer whose role it is to organize input from legal, business and technical communities and organize portfolios and patents using the problem centric framework.

As a result of the incorporation of computer software into countless commercial and industrial products, the patentability of software has become a vital issue in intellectual property law. This indispensable book provides an overview on the current status of computer-implemented inventions in patent law across Europe and major jurisdictions worldwide. A hugely practical field research tool with guidance based on case law, it examines the major hurdles in each particular country and describes the best practice to be adopted. Clearly showing how enforceable software patent applications can be competitively drafted and how a patent portfolio for computer-implemented inventions can be established in several countries without spending money unnecessarily on problematic examination proceedings, this book covers such issues and topics as the following: • claim categories for patent applications; • sufficient level of abstraction/breadth of the claimed invention; • fundamental terms of computing and terminological traps; • probability for patents dependent on software application areas; and • patents in core areas of computing. With separate chapters for the key countries, Germany, the United Kingdom, France, the United States, China, Korea, Japan, India, and the European Patent Office the legal situation for computer-implemented inventions in each country or region, this book includes guidance on prosecution under national law, analyses of relevant court decisions, practice checklists, and an outlook on future developments.. The authors describe claim formulation based on actual cases and on principles of computer science in order to show what might be or might not be patentable in each jurisdiction. With this incomparable resource, patent attorneys and patent professionals in companies will get a basis for making decisions about the most appropriate jurisdictions in which to file patent applications. This book will also be of great value to computer professionals who are affected by the protection of software or who are actively involved in the protection of software by patent law.

The senior research compliance administrator has emerged as a critically important position as universities and other research organizations face an increasingly intricate regulatory environment. These administrators are tasked with a special challenge: ensuring that their institutions conduct safe, ethical, and compliant research while also helping researchers understand and meet compliance requirements and achieve their research goals. These competing responsibilities can make the role of the research administrator complex; however, those who serve in this role may find that they have limited preparation for the challenges and little or no formal education in the field. Thus, the goal of this handbook is to provide practical guidance to research administrators who are responsible for a wide variety of compliance programs. Previous volumes on these topics have focused primarily on educating research faculty, staff, and students. An assumption in many of these handbooks is that all additional questions related to research ethics and regulations should be directed to the senior research administrator; yet, the books have limited guidance intended for the senior research administrators themselves. This handbook is designed, therefore, to serve as a detailed program implementation manual for these administrators, who are expected to be conversant on a broad range of complex ethical and regulatory topics and to provide guidance to those conducting research, as well as upper administration and others interested in safe, ethical, and compliant research.

Basic principles -- Patent claims -- Patent-eligible subject matter --The enablement requirement -- Best mode requirement --Written description of the invention requirement -- Novelty and no loss of right -- Inventorship-- The nonobviousness requirement --The utility requirement -- Patent prosecution procedures in the USPTO -- Double patenting.

Succinct and timely, Patent Law, Sixth Edition demystifies its subject as it explores and explains important cases, judicial authorities, statutes, and policy. Approachably written for law students, attorneys, inventors, and laypersons alike, this text stands on its own and may be used alongside any patent or IP casebook to support more in-depth study of patent law. New to the Sixth Edition: Coverage of the Supreme Court’s ongoing, intensive scrutiny of the America Invents Act (AIA), the most significant change to U.S. patent law in 70 years, including: Helsinn (definition of prior art under the AIA) Cuozzo (non-reviewability of institution decisions) Oil States (Constitutionality of AIA) SAS Institute (rejecting partial institution) Return Mail (federal government not a “person” entitled to post-grant review) Dex Media (cert. granted, reviewability of Board’s time-bar decisions) The burgeoning landscape of patent-eligibility jurisprudence under 35 U.S.C. §101, including Federal Circuit decisions in: Vanda, Cleveland Clinic, Genetic Techs., Endo, Athena Diagnostics (laws of nature) Enfish; Thales Visionix (abstract ideas) Berkheimer, Aatrix, Cellspin (role of fact questions in the Mayo/Alice Step Two “inventiveness” inquiry) Disparate viewpoints for analyzing the bedrock requirement of nonobviousness, including the Federal Circuit’s first en banc obviousness decision in thirty years: Apple v. Samsung The continued vitality of infringement under the doctrine of equivalents, as illustrated in a spate of Federal Circuit decisions including: Lilly v. Hospira Supreme Court decisions examining patent infringement remedies, including: WesternGeco (offshore lost profits) NantKwest (cert. granted, attorney fee-shifting in §145 civil actions) Supreme Court decisions cabining long-standing defenses to patent infringement, including: Impression Products (patent exhaustion) SCA Hygiene (laches and equitable estoppel) Professors and students will benefit from: Thorough coverage and clear writing that clarifies principal legal doctrines, key judicial authorities, governing statutes, and policy considerations for obtaining, enforcing, and challenging a U.S. patent In-depth treatment and comparison of pre- and post-America Invents Act regimes for novelty and prior art with numerous hypotheticals Timely statistics on patent trends Succinct analysis of multi-national patent protection regimes Helpful visual aids, such as figures, tables, and timelines A sample patent and breakdown of a prosecution history Boldfaced key terms and a convenient Glossary