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AIA Blog

DISCLAIMER: This blog provides updates and information about various AIA related issues. However, for complete information on the requirements for a particular type of AIA filing, please consult the relevant statute and rules for the respective AIA provision.

Thursday Mar 15, 2012

USPTO Completes AIA Roadshows

From: Janet Gongola, Patent Reform Coordinator

The USPTO AIA Implementation Team just returned from a series of cross-country roadshows to dialogue with you about various proposed rules that the agency recently released for public comment.  We visited six cities--Boston, Chicago, Dallas, Ft. Lauderdale, Salt Lake City, and Sunnyvale, California--with a team of USPTO representatives including two from the Patent Business Unit, two administrative patent judges from the Board of Appeals and Interferences, one from Governmental Affairs, and either Director David Kappos or Deputy Director Teresa Stanek Rea.  We discussed our proposed rules for provisions like inventor's oath/declaration, preissuance submissions, supplemental examination, inter partes review, post grant review, covered business method review, and derivation.

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Tuesday Feb 07, 2012

AIA Roadshow Schedule 2012

The USPTO announces its complete AIA event schedule for February and March 2012.  Events include seven AIA roadshows, two hearings for the Genetic Testing Study, and two PPAC fee setting hearings. 

At the AIA roadshows, the USPTO will explain its proposed rules for various new provisions required under the AIA including supplemental examination, inter partes review, and post grant review.  At the Genetic Testing Hearings, the USPTO will collect information from the public about ways to offer a second, confirmatory genetic test in situations where there is a gene patent and the patent is licensed to an entity that offers a first genetic test.  At the Fee Setting Hearings, the PPAC will gather public feedback about the USPTO's proposed fee structure for patent services.  The USPTO released its proposed patent fee schedule on Tuesday, February 7th, and it is available here or on the PPAC website

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Friday Sep 30, 2011

Welcome to the AIA Micro-site

From: Janet Gongola, Patent Reform Coordinator

Welcome to the microsite for the America Invents Act (AIA)!  As the patent reform coordinator, I am delighted to head the agency’s implementation efforts.  For this inaugural blog report, I want to share an overview of the agency’s plans for implementation of the AIA over the coming months. 

Congress provided for many sweeping changes to the patent law in the AIA.  For example, the United States will move from a first-to-invent system for priority of invention to a first-inventor-to-file system.  Likewise, a third party will have various ways to challenge an alleged “bad” patent apart from a civil action in the courts through three different inter partes dispute procedures in the agency.  But the numerous provisions of the AIA do not all go into effect immediately.  Rather, they become effective in a staged fashion over three distinct time periods—(i) within 60 days of enactment; (ii) 12-months from the date of enactment; and (iii) 18-months from the date of enactment.  This means that patent practice before the agency will not change overnight, but instead in a methodical way. 

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