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Questions tagged [america-invents-act]

Questions relating to the text or implementation of the 2011 law updating the US patent process

4
votes
1answer
86 views

How does First to File affect multiple inventors?

How does first to file affect multiple inventors? It used to be that if an author/inventor was not listed on the patent the author could lose the patent rights due to the multiple inventor rule. ...
2
votes
1answer
343 views

How can someone with proof of being the first to invent attack a recently granted patent?

What might inventor A do if a recently granted patent to person B was, in all its details, the same as something A previously invented well before B's filing and could prove the complete history of ...
3
votes
1answer
318 views

What are the major take-aways on the first-(inventor)-to-file rules that go into effect March 16, 2013?

The last and possibly most significant change to the U.S. patent system from the AIA goes into effect in less than a month. What will it mean for inventors and for prior art submitters?
8
votes
2answers
509 views

Over time, which patent legislation applies, current or past?

Let's imagine a patent is filed in 2003 and later approved by the USPTO. Let's imagine someone wants to challenge it with valid prior art (year 2000 for example). Which legislation applies? The one ...
9
votes
1answer
225 views

What is the time period allowed to get a “post-grant review”?

According to a recent blog post on AVC.com: "Section 18 of last year's America Invents Act provides for a "post-grant review proceeding for review of the validity of covered business method patents.""...
11
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3answers
575 views

Should I file a provisional application?

In the past I've been discouraged from filing provisional applications (in the US), but the new "first to file" provisions of the "America Invents Act" would seem to make a provisional application a ...