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A Guide to Important Aspects of the America Invents Act

$80.00
Description

This NEW Guide has Important Aspects of the America Invents Act!

(And its relationship to Post-AIA U.S. Patent Laws)

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The Leary-Smith American Invents Act was signed into law by President Obama on September 16, 2011and was enacted in stages over 2 ½ years. The last and probably most controversial stage, the First-To-File (FIF) provision (including the necessity to change 35USC102) took effect on March 16, 2013, and it is this particular provision that includes some of the more ambiguous changes requiring judicial or USPTO interpretation … and that will take time.

At the outset, it is important to understand that this GUIDE is not a guide or even a summary of the patent process or advanced patent process but rather a guide or introduction to important aspects of the AIA, as the title indicates. Moreover, there has been  no attempt to cover each and every provision of the new Act. For those details not covered or not covered in detail, reference is made to (1) the USPTO website (www.uspto.gov) and (2) much that has been written on the Act by others on the Internet and in trade magazines like the Journal of the Patent and Trademark Society (JPTOS). It is also important to keep in mind that the AIA is new. There is a lot to digest and lots of ambiguities, as indicated above. Again, keep an eye on the various trade journals (like the JPTOS) for updated articles on particular provisions and again check out what practitioners are writing about on the internet.

At the end of this GUIDE Appendix I  is provided. Appendix I includes portions of some of the Patent Statutes relevant to this discussion both prior to and after the AIA. All of these statutes, indeed all of 35USC, can be found at http://www.uspto.gov/web/offices/pac/mpep/consolidated_laws.pdf. Moreover, for the convenience of the reader, especially relevant portions of these statutes are repeated within the body of this Guide. While none of the Post-AIA forms are included here, both these forms and the Pre-AIA forms can easily be found at the USPTO website. Many of these forms are discussed in SVS’s Patents and the Patent Process Guide Book.

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