John Calvert on AIA

Jennifer Bogo from Popular Science (popsci.com) recently interviewed associate patent commissioner John Calvert about changes in the patent system due to the America Invents Act (AIA). John's answers are available at http://www.popsci.com/technology/article/2013-04/qampa-patent-commissioner-john-calvert.

Keep up with other patent and trademark news by accessing the links of USPTO News on the lower right of the USPTO home page.

New First-to-File Patent Videos

The United States Patent and Trademark Office (USPTO) has created a series of America Invents Act (AIA) videos to help inventors understand the implications of the first-to-file system in place for applications filed after March 16,2013. The subject matter covered in the videos is as follows:

• Video 1 explains what constitutes prior art under the new law.
• Video 2 discusses the exceptions to the prior art covered in the first video.
• Video 3 talks about a few more types of prior art.
• Video 4 discusses exceptions to the prior art mentioned in video 3.

The videos are linked on the America Invents Act site along with other helpful information (FAQs, reports,etc.). Skim down the AIA Informational Videos page to find four PowerPoint presentations that supplement the videos:

• AIA 35 USC 102(a)(1)
• AIA 35 USC 102(b)(1)
• AIA 35 USC 102(a)(2)
• AIA 35 USC 102(b)(2)

35 USC 102 refers to Title 35 of the United States Code, section 102, which covers the first-to-file rules.

Inter Partes Review Technical Corrections

From the Federal Register, March 25, 2013:

SUMMARY: The United States Patent and Trademark Office (Office or USPTO) is revising the rules of practice to implement the changes with respect to inter partes review that are set forth in section 1(d) of the Act to correct and improve certain provisions of the Leahy-Smith America Invents Act and title 35, United States Code (``AIA Technical Corrections Act''). Consistent with the statutory changes, this final rule eliminates the nine-month ``dead zone'' for filing an inter partes review petition challenging a first-to-invent patent or reissue patent. Under the final rule, a petitioner may file an inter partes review petition challenging a first-to-invent patent or reissue patent upon issuance, including during the first nine months after issuance.

DATES: Effective Date: March 25, 2013.

To read the complete text of this final rule, see http://www.gpo.gov/fdsys/pkg/FR-2013-03-25/html/2013-06768.htm

Comment Period Extended - Patent Application Preparation

SUMMARY: The United States Patent and Trademark Office (USPTO) published a request for comments on the preparation of patent applications, seeking input on potential practices that applicants can employ at the drafting stage of a patent application in order to facilitate examination and bring more certainty to the scope of issued patents. The USPTO has received several requests for additional time to submit comments on the preparation of patent applications. Accordingly, the USPTO is extending the comment period to provide interested members of the public with additional time to submit comments to the USPTO.

DATES: Comment Deadline Date: To be assured of consideration, written comments must be received on or before April 15, 2013.

For complete information see http://www.gpo.gov/fdsys/pkg/FR-2013-03-15/html/2013-06013.htm

Comment Period Extended - Software Patents Enchanced Quality

SUMMARY: The United States Patent and Trademark Office (USPTO) published a notice announcing the formation of a partnership with the software community to enhance the quality of software-related patents(Software Partnership), and a request for comments on the preparation of patent applications, seeking input on potential practices for preparing patent applications. The USPTO also conducted two roundtables to obtain public input from organizations and individuals on topics relating to the quality of software-related patents and the preparation of software-related patent applications including: establishing clear boundaries for claims that use functional language; identifying additional topics for future discussion by the Software Partnership; and potential practices that applicants can employ at the drafting stage of a patent application in order to facilitate examination and bring more certainty to the scope of issued patents. The USPTO has received several requests for additional time to submit comments in response to the notice. Accordingly, the USPTO is extending the comment period to provide interested members of the public with additional time to submit comments to the USPTO.

DATES: Comment Deadline Date: To be assured of consideration, written comments must be received on or before April 15, 2013.

For complete information see the March 15, 2013 Federal Register Notice at http://www.gpo.gov/fdsys/pkg/FR-2013-03-15/html/2013-06014.htm