Prior art defined before and after March 16, 2013

Much of the AIA is now in effect. However, the most controversial changes in patent law won’t come into play until March 16, 2013. These include the critically acclaimed First inventor to File One year personal grace period Expanded definition of prior art Now is the...

The intersection of PCT and AIA: important changes in 2012

The America Invents Act significantly changes US patent law and has been a major topic of discussion in the patent community for months. There is one aspect of these changes that does not get as much focus – the impact on PCT applications. The following is a brief...

Reclaiming your copyright rights

There is a lot of talk about copyright termination rights of late, as the earliest opportunity for post-1978 copyright grants is coming up in 2013. Bruce Springsteen’s Darkness on the Edge of Town,” Billy Joel’s “52nd Street,” and Kenny Rogers’s “Gambler” were all...

Patent Maintenance Fees

Maintenance fees are due at three points following patent issuance: 3 ½ years; 7 ½ years; and 11 ½ years, and the current fees are $1,130, $2,850, and $4,730 respectively (with 50% discounts for small-entities). An additional six months can be obtained to pay the...

Expired patents may put invention in public domain

Many people do a Google patent search to see if a patent already exists that describes their invention idea or something close to it. When they locate one or more patents, they automatically presume that they will be unable to proceed. I disagree with this logic, as...

Limitations of the Australian Patent Office as an ISA or IPEA

When you select your international search authority and international preliminary examination authority, it is important to understand what subject matter each office is competent to search and examine. The Australian Patent Office will not be a competent...