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First inventor to file system under the America Invents Act

First-inventor-to-file system under the America Invents Act The America Invents Act (“AIA”) was signed into law on September 16, 2011, but different parts of the America Invents Act take effect at...

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Public availability under the America Invents Act

Common terms under the 1952 Act and the America Invents Act The first-inventor-to-file (“FITF”) system under the America Invents Act (“AIA”) retains much of the verbiage used in the current Patent Act....

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Patent Act: First to file and its exceptions

On March 16, 2013, the United States transitioned from a first to invent system to a first to file system under the America Invents Act (“Patent Act”).  Inventors and businesses should consider the...

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America Invents Act

The America Invents Act (AIA) which changes major sections of the current Patent Laws became law on September 16, 2011.  Certain provisions become effective immediately while others become effective at...

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File a non-provisional patent application pre-AIA

On March 16, 2013, the United States will transition from a first to invent system to a first to file system under the America Invents Act (“AIA”). In my opinion, it is more advantageous to have a...

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File patent application prior to disclosure due to first to file rule

Inventors are not required to file a patent application before marketing their invention (i.e., product or service) to others. However, doing so is not the recommended course of action because the...

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Can a confidentiality agreement protect me like a patent application?

Can a confidentiality agreement protect me like a patent applications? Good question.  The bottom line is that a contract (i.e., confidentiality agreement or non-disclosure agreement) and a patent...

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Dangers of 1 yr grace period under first-inventor-to-file system

In 2013, the United States transitioned from a first-to-invent system to a first-inventor-to-file system under the America Invents Act. A basic difference in the two systems is that the first-to-invent...

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Be wary of marketing invention before filing a patent application

Entrepreneurs typically undertake a number of efforts in order to sell a product.  They demonstrate their products to the public and one-on-one to buyers.  They may engage in cold calls to set up...

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