Patent System Reform(s) 2007 EDUCAUSE Policy Conference May 16, 2007 E.R. Kazenske Microsoft Corporation.

Slides:

Advertisements

Similar presentations

Preparing for Changes in the Treatment of US Patents Chinh H. Pham Greenberg Traurig Thomas A. Turano K&L Gates MassMedic March 6, 2008.

Advertisements

America Invents Act What to Expect from Patent Reform.

MELISSA ASFAHANI Patent Attorney El Paso, TX

By David W. Hill AIPLA Immediate Past President Partner Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Overview of the America Invents Act.

© Kolisch Hartwell 2013 All Rights Reserved, Page 1 America Invents Act (AIA) Implementation in 2012 Peter D. Sabido Intellectual Property Attorney Kolisch.

Patent Strategy Under the AIA Washington in the West January 29, 2013.

EACCNJ European Union IP Forum Mark DeLuca Pepper Hamilton LLP September 27, 2012.

PATENT REFORM IN THE U.S. Q. TODD DICKINSON APRIL,

1 1 1 AIPLA American Intellectual Property Law Association USPTO Updates Including Glossary Pilot Program Chris Fildes Fildes & Outland, P.C. IP Practice.

1 1 AIPLA American Intellectual Property Law Association RCE Practice: Pilot Programs and Delays in Examination Chris Fildes Fildes & Outland, P.C. IP.

The America Invents Act (AIA) - Rules and Implications of First to File, Prior Art, and Non-obviousness -

U.S. ARMY ARMAMENT RESEARCH, DEVELOPMENT & ENGINEERING CENTER (ARDEC) Presented to: Federal Laboratory Consortium Northeast Region 25 Feb 2014 Mr. Tim.

BIPC.COM STRATEGIC CONSIDERATIONS OF POST ISSUANCE PATENTABILITY REVIEW: THE NEW, OLD, AND NO LONGER Presented By: Todd R. Walters, Esq. B UCHANAN, I NGERSOLL.

America Invents Act (AIA) Changes in Patent Law That Impact Companies May Mowzoon: Mowzoon Law Office, PLLC 1.

Patent Law Under the America Invents Act

Community Patent Robert Clarke – Deputy Director Office of Patent Legal Administration

© COPYRIGHT DICKSTEIN SHAPIRO LLP. ALL RIGHTS RESERVED. The Leahy-Smith America Invents Act: Changes to United States Patent Law and Practice Charles.

PPAC Outreach Effort Andrew Faile Assistant Deputy Commissioner for Patents.

1 Click to edit Master Changes to the U.S. Patent System Steven Steger September 4, 2014.

USPTO Implementation of the America Invents Act Teresa Stanek Rea Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the.

Applications for Intellectual Property International IP Protection IP Enforcement Protecting Software JEFFREY L. SNOW, PARTNER NATIONAL SBIR/STTR CONFERENCE.

The U.S. Patent System is Changing – A Summary of the New Patent Reform Law.

Better Prior Art Utilization to Improve Patent Quality By Jonathan Becker WISE Intern Sponsored by IEEE-USA Syracuse University Electrical Engineering.

February 19, Recent Changes and Developments in USPTO Practice Prepared by: Office of Patent Legal Administration (OPLA) Robert J. Spar, DirectorJoni.

America Invents The Patent Reform Act of 2011 March 29, 2011.

MELAHN - IDS1 The Information Disclosure Statement (IDS) Is found in ~every patent file history, usually near the beginning See Fontirroche '594.

Anthony Venturino MILANO 10 February 2012 SELECTED PROVISIONS OF THE LEAHY Smith AMERICA INVENTS ACT OF 2011 AIPPI - AIPLA 1 © AIPLA

© 2011 Baker & Hostetler LLP BRAVE NEW WORLD OF PATENTS plus Case Law Updates & IP Trends ASQ Quality Peter J. Gluck, authored by.

2011 US Patent Law Reform & A Global Prosecution Strategy by Lowe Hauptman Ham & Berner LLP Suite Diagonal St Alexandria VA Tel. (703)

Hot Issues in Patent Law Steven G. Saunders

Christopher J. Fildes Fildes & Outland, P.C. Derivation Proceedings and Prior User Rights.

Intellectual Property Law © 2007 IBM Corporation David J. Kappos VP & Assistant General Counsel Globalization & IP/Innovation for Council on Foreign Relations.

The Effect of the Supreme Court Decision on Patent Reform Legislation John F. Duffy Professor of Law George Washington University Law School © 2007 John.

Post-Grant & Inter Partes Review Procedures Presented to AIPPI, Italy February 10, 2012 By Joerg-Uwe Szipl Griffin & Szipl, P.C.

1 “Views on the New (or Pending) Patent Reform Legislation” AIPLA Annual Meeting October 18, 2007 Gary L. Griswold President and Chief Intellectual Property.

Pilot Concerning Public Submission of Peer Reviewed Prior Art Jack Harvey Director, TC 2100 United States Patent and Trademark Office

1 Workshop on the Directive 96/61/EC concerning (IPPC) Integrated pollution prevention and control INFRA Public participation & access to environmental.

Intellectual Property Law © 2007 IBM Corporation EUPACO 2 – The European Patent Conference 16 May 2007 Patent Quality Roger Burt IBM Europe.

1 1 AIPLA American Intellectual Property Law Association Updates on the USPTO Chris Fildes AIPLA-JPAA Joint Meeting April 9, 2013.

September 23, 2011 Maury M. Tepper, III Tepper & Eyster, PLLC © Tepper & Eyster 2011.

6.1 Chapter 6 Patents © 2003 by West Legal Studies in Business/A Division of Thomson Learning.

America Invents Act. FITZPATRICK, CELLA, HARPER & SCINTO © 2011 | 2 First-to-File  U.S. will switch to a first-inventor-to-file.

Side 1 Andrew Chin AndrewChin.com A Quick Survey of the America Invents Act Patent Law October 12, 2011.

© COPYRIGHT DICKSTEIN SHAPIRO LLP. ALL RIGHTS RESERVED. Post Grant Proceedings Before the USPTO and Litigation Strategies Under the AIA Panelists:David.

America Invents Act  Date of enactment: 9/16/11  First-to-file provisions effective 18 months after enactment – March 16, 2013  Applications filed on.

QualityDefinition.PPACMeeting AdlerDraft 1 1 Improving the Quality of Patents Marc Adler PPAC meeting June 18, 2009.

Patent Reform Update Technology Committee San Diego Regional Chamber of Commerce Ross Epstein October 16, 2009.

Pilot Concerning Public Submission of Peer Reviewed Prior Art Jack Harvey Director, TC 2100.

Chris Fildes FILDES & OUTLAND, P.C. IP Practice in Japan Committee Pre-Meeting AIPLA Annual Meeting, October 20, 2015 USPTO PILOT PROGRAMS 1 © AIPLA 2015.

Patent Fee Proposal Patent Public Advisory Committee Hearing November 19, 2015.

Derivation Proceedings Gene Quinn Patent Attorney IPWatchdog.com March 27 th, 2012.

Prosecution Group Luncheon Patent October PTO News Backlog of applications continues to decrease –623,000 now, decreasing about 5,000/ month –Expected.

Prosecution Group Luncheon September, America Invents Act Passed House and Senate (HR 1249) Presidential Signature expected Friday Most provisions.

Patent Reform Becomes Law: Overview of the Leahy-Smith America Invents Act Presented to the MSBA Computer & Technology Law Section September 13, 2011 By:

Overview of the FTC’s 2003 Proposed Reforms to U.S. Patent Law David W. Hill.

Harmonization! Biotech/Chemical/Pharmaceutical Customer Partnership Meeting December 9, Mark R. Powell Special Advisor to the Commissioner for Patents.

Prosecution Group Luncheon March, S.23: Patent Reform Act of 2011 Senate passed 95-5 (3/8); no House action as yet First to File Virtual (Internet)

Recent Developments in Obtaining and Enforcing Intellectual Property Rights in Nanocomposites Michael P. Dilworth February 28, 2012.

Copyright © 20076/21/2016UC Berkeley IPIRA Page 1 Berkeley Tech Transfer AIA & on-line Invention Disclosure Form.

Article 4 [Obligations of Applicant] 4.1. As a sole and exclusive owner of the Application, Applicant warrants that.

PCT-FILING SYSTEM.

© 2006 Brett J. Trout Patent Reform Act of 2005 © 2006 Brett J. Trout

PATC Module 2 – Infringement/Validity

United States - Software

America Invents Act: Litigation Related Provisions

Status Report Austin Intellectual Property Law Assoc. August 16, 2011

SMITH-LEAHY AMERICA INVENTS ACT

The Long and Winding Road to U. S Patent Reform Alan J

Los Angeles Intellectual Property Law Association

Presentation transcript:

Patent System Reform(s) 2007 EDUCAUSE Policy Conference May 16, 2007 E.R. Kazenske Microsoft Corporation

Why “Reform” may have an “s” Legislation Rule Making Operational Judicial

Microsoft Position on Patent Reform(s) Ensure the quality of patents and the patent system Minimize abusive litigation Promote international harmonization Improve accessibility to the patent system for all innovators

Bicameral, Bipartisan Legislation H.R and S (PTO/Prosecution) First-inventor-to-file Grace period All applications published at 18-months Assignee filing & inventor oath requirement Third party prior art submissions with comments PTO Expanded Rulemaking Authority Inter parte Re-exam expansion Post-Grant Review Procedures “Second-window”

Bicameral, Bipartisan Legislation H.R and S (Litigation) Expansion of Prior User Right Apportionment of damages Willful Infringement Venue

Past Legislation Issues NOT in H.R or S Eliminating Best Mode Requirement 271(f) Repeal Inequitable Conduct

USPTO Proposed Rule Changes USPTO Stated Objective Focused Examination Operational Efficiency Improved Quality of Issued Patents

Rule Changes Limit number of claims examined 180 comments received Final package at OMB Limit number of continuations 330 comments received Final package at OMB New Accelerated Examination Procedure Effective August 25, 2006 Information Disclosure Statement (IDS) 55 comments received Remains under consideration

USPTO Patent Peer Review Project Connecting the Scientific/Legal Community to the Patent Examination Process Goal: Improve the quality of issued patents by giving the examiner access to better information/prior art An open network designed to bring the best prior art information to the forefront Manageable for the examiner Relevant to the community Final decisions made by the USPTO on the basis of statutory standards

Project Development U.S. Patent and Trademark Office New York Law School Academic Advisors and Project Team Steering Committee/Sponsors Advisory Board

The Pilot Summer 2007 USPTO Technology 2100 (Computer Architecture and Software) 250 applications with participant consent over 1 year timeframe Participants to date: CA, GE, HP, IBM, Intellectual Ventures, Microsoft, RedHat Project Lead: NY Law School with the USPTO

How will it work

Concentrating on the Claims The software is designed to focus attention on the claims Designs, directions, and tutorials focus on this goal With the found prior art, assess relevance to the claims

Evaluation What is the level of expertise of those participating What is the impact on examiner decision-making Is there an impact on patent quality Is there an impact on pendency or examiner productivity Is there gaming with the system

Judicial Focus Today Supreme Court eBay v. MercExchange (injunctive relief) Microsoft v. AT&T (271(f)) KSR v. Teleflex (non-obviousness) CAFC In re Kahn (non-obviousness) In re Nuijten (pat. eligible subject matter)