1. Going Global: Patent Rules for a New Age April 20, 2013

2. America Invents Act  First-to-file rule  March 16, 2013 effective date  You still need to be an “inventor.”  Inventors’ records serve to establish inventorship (but the date of invention is now irrelevant).

3. America Invents Act  Post-grant review  Must file within 9 months of patent issue date.  Not limited to patents and publications.  If you need to rely on affidavit testimony, post-grant review is the only avenue other than federal court.

4. International Patent Protection  Patent Cooperation Treaty  146 member countries as of March 1, 2013  http://www.wipo.int/pct/en/list_states.pdf http://www.wipo.int/pct/en/list_states.pdf  Notable non-PCT member countries: Taiwan, Hong Kong, South/Central America (Argentina, Bolivia, Panama, Paraguay, Uruguay, Venezuela)

5. International Patent Protection  PCT application must be filed within 12 months of U.S. filing date  National stage deadline is 18 months after PCT filing deadline  International Search Report  Informal Comments

6. Patent Troll Legislation  Patent law reform did little to address patent troll litigation.  Requirements for joining multiple defendants:  Must be accused of making, using or selling the same product.  Must be questions of fact common to all defendants.

7. Patent Troll Legislation  Legislation (HR 845) introduced by Rep. DeFazio (Oregon) and backed by Cisco, Apple and Google.  Would require plaintiff to pay the defendant’s attorneys’ fees if plaintiff loses and:  Inventor is not a named plaintiff;  Plaintiff is a university; or  Plaintiff practiced the invention.

8. Questions?