Thursday, February 28, 2013

New Patent Term Calculator

According to a recent press release:
The United States Patent and Trademark Office (USPTO) released a new calculator that assists members of the public when estimating the expiration date of a utility, plant, or design patent. The calculator provides a best estimate of a patent’s expiration date, based on a comprehensive list of factors than can be found in USPTO records.
Download the calculator at

Partial Waiver of Appeal Forwarding Fee

According to a message from the USPTO:
The requirement set forth in 37 CFR 41.45 to pay the new appeal forwarded fee (37 CFR 41.20(b)(2)(ii) in effect on March 19, 2013) has been waived if the current fee required for filing a brief in support of an appeal (37 CFR 41.20(b)(2) in effect on March 18, 2013) is filed before March 19, 2013. The notice of waiver is available here: Partial Waiver of Appeal Forwarding Fee (February 27, 2013)

Visit the AIA micro-site to view other newly added features.

Thursday, February 14, 2013

AIA Public Forum, March 8, 9:00 AM

What: Public Forum to discuss the first-inventor-to-file final rules and guidance
When: Friday, March 8, 2013, 10:00 AM to 12:30 PM Eastern Daylight Time (9:00-11:30 AM Central Time)
Where: Madison Auditorium on the USPTO’s Alexandria campus or
Webcast on the AIA micro-site (Instructions for viewing the webcast are forthcoming.)
Topics: first-inventor-to-file final rules and guidance; new patent service fees; and the micro entity discount (both fees go into effect on March 19, 2013)

Visit the AIA micro-site to view other newly added features.

Changes To Implement the AIA's First Inventor To File Provisions

On Feb. 14, 2013 the Federal Register issued a final rule about changes necessary to implement the first to file provision of the Leahy-Smith America Invents Act. To see the complete text of this rule, access A summary follows.
SUMMARY: The Leahy-Smith America Invents Act (AIA) amends the patent laws pertaining to the conditions of patentability to convert the U.S. patent system from a ``first to invent'' system to a ``first inventor to file'' system; treats U.S. patents and U.S. patent application publications as prior art as of their earliest effective U.S., foreign, or international filing date; eliminates the requirement that a prior public use or sale be ``in this country'' to be a prior art activity; and treats commonly owned or joint research agreement patents and patent application publications as being by the same inventive entity for purposes of novelty, as well as nonobviousness. The AIA also repeals the provisions pertaining to statutory invention registrations.The United States Patent and Trademark Office (Office or USPTO) is revising the rules of practice in patent cases for consistency with, and to address the examination issues raised by, the changes in section3 of the AIA.

DATES: Effective date: The changes in this final rule are effective on March 16, 2013.