America Invents Act Primer - 1st Edition - ISBN: 9780128120965, 9780128120972

America Invents Act Primer

1st Edition

Authors: Sarah Hasford
eBook ISBN: 9780128120972
Paperback ISBN: 9780128120965
Imprint: Academic Press
Published Date: 8th March 2017
Page Count: 400
Tax/VAT will be calculated at check-out Price includes VAT (GST)
30% off
30% off
30% off
30% off
30% off
20% off
20% off
30% off
30% off
30% off
30% off
30% off
20% off
20% off
30% off
30% off
30% off
30% off
30% off
20% off
20% off
115.00
80.50
80.50
80.50
80.50
80.50
92.00
92.00
69.99
48.99
48.99
48.99
48.99
48.99
55.99
55.99
82.95
58.06
58.06
58.06
58.06
58.06
66.36
66.36
Unavailable
Price includes VAT (GST)
DRM-Free

Easy - Download and start reading immediately. There’s no activation process to access eBooks; all eBooks are fully searchable, and enabled for copying, pasting, and printing.

Flexible - Read on multiple operating systems and devices. Easily read eBooks on smart phones, computers, or any eBook readers, including Kindle.

Open - Buy once, receive and download all available eBook formats, including PDF, EPUB, and Mobi (for Kindle).

Institutional Access

Secure Checkout

Personal information is secured with SSL technology.

Free Shipping

Free global shipping
No minimum order.

Description

Since its passage in 2011, the Leahy-Smith America Invents Act ("AIA") has brought many significant changes to U.S. patent law. Accordingly, to assist readers in developing an in-depth understanding of these changes, the America Invents Act Primer provides discussions of each and every one of the AIA’s substantive provisions. More specifically, and whenever possible, each discussion of the AIA’s provisions includes the following key features:

  • An identification of the AIA section’s effective date, including the statutory basis for such dates;
  • A direct comparison of relevant pre- and post-AIA statutes;
  • An analysis of the similarities and differences between pre- and post-AIA statutes;
  • A discussion of the legislative goals that were addressed by the AIA section; and
  • An analysis of the practical implications of the changes made by the AIA section.

The America Invents Act Primer additionally highlights a number of free resources that can be utilized by readers to attain a deeper understanding of the AIA, including resources that explain how the U.S. Patent and Trademark Office is applying the new law.

Overall, the America Invents Act Primer provides a unique and practical desk reference on the AIA that is sure to be useful for years to come.

Key Features

  • An identification of the AIA section’s effective date, including the statutory basis for such dates;
  • A direct comparison of relevant pre- and post-AIA statutes;
  • An analysis of the similarities and differences between pre- and post-AIA statutes;
  • A discussion of the legislative goals that were addressed by the AIA section; and
  • An analysis of the practical implications of the changes made by the AIA section.

Readership

Legal professionals who are involved in patent law, including Patent Attorneys, Patent Agents, Technical Specialists, scientists who serve as Expert Witnesses in patent cases, and Patent Examiners

Table of Contents

Chapter One: Introduction to the America Invents Act

  • Abstract
  • I). Introduction
  • II). Brief History of the AIA
  • III). AIA-The Big Picture
  • IV). Free Resources That Are Helpful for Understanding the AIA

Chapter Two: Transitioning U.S. Patent Law From a “First-to-Invent” to a “First-Inventor-to-File” System Under the AIA

  • Abstract
  • I). Introduction
  • II). Pre-AIA Law: The “First-to-Invent” System
  • III). AIA § 3(i): Replacement of Interference Proceedings With Derivation Proceedings Under the “First-Inventor-to-File” System
  • IV). Effective Date of the AIA’s Transition to a “First-Inventor-To-File” System and the Implementation of Derivation Proceedings
  • V). Legislative Goals Addressed by the AIA’s Transition to the First-Inventor-To-File Systemx
  • VI). Practical Implications of the AIA’s Transition From a “First-to-Invent” to a “First-Inventor-to-File” System

Chapter Three: The AIA’s Impact on the Novelty and Non-Obviousness Patentability Requirements

  • Abstract
  • I). Introduction
  • II). Novelty Requirement of 35 U.S.C. § 102
  • III). Non-Obviousness Requirement of 35 U.S.C. § 103
  • IV). Legislative Goals Addressed by the Changes to 35 U.S.C. §§ 102 and 103
  • V). Effective Date of Post-AIA 35 U.S.C. §§ 102 and 103
  • VI). Practical Implications of Post-AIA 35 U.S.C. §§ 102 and 103

Chapter Four: The AIA’s Effects on Patentable Subject Matter and the Patentability Requirements Set Forth by 35 U.S.C. § 112

  • Abstract
  • I). Introduction
  • II). Patent Eligible Subject Matter Under the AIA
  • III). AIA § 4—Amendments to 35 U.S.C. § 112

Chapter Five: The AIA’s Impact on Post-Grant Proceedings

  • Abstract
  • I). Introduction
  • II). Post-Grant Proceedings Involving Third-Party Challenges to Patents
  • III). Post-Grant Proceedings for Patent Owners Desiring to Strengthen Their Patent Rights
  • IV). AIA § 6(g)—Citation of Prior Art in a Patent File Under 35 U.S.C. § 301

Chapter Six: The AIA’s Effects on Claims That May Be Brought in Patent Infringement Suits

  • Abstract
  • I). Introduction
  • II). AIA § 16: Amendments to the Patent Marking Statutes
  • III). AIA § 17: Effects of the Lack of Advice of Counsel on Claims of Willful and Induced Infringement
  • IV). AIA § 19(d): Joinder of Parties in Patent Infringement Suits

Chapter Seven: AIA’s Modifications to Patent Infringement Defenses

  • Abstract
  • I). Introduction
  • II). AIA § 5: Defense to Infringement Based on Prior Commercial Use, i.e., the “Prior User Rights Defense”
  • III). AIA § 15: Elimination of the Best Mode Defense From 35 U.S.C. § 282

Chapter Eight: AIA’s Changes to Patent Prosecution Practices

  • Abstract
  • I). Introduction
  • II). AIA § 3(e): Repeal of Statutory Invention Registrations
  • III). AIA § 8—Third-Party Preissuance Submissions
  • IV). AIA § 11(h)—Prioritized Examination
  • V). AIA § 37—Calculation of the 60-Day Period for Patent Term Extension

Chapter Nine: The AIA’s Changes to Inventor Oaths and Declarations and Patent Application Filings by Non-Inventors

  • Abstract
  • I). Introduction
  • II). Inventor Oaths and Declarations
  • III). AIA § 20(a)—Modifications to Correction of Inventorship Procedures for Patent Applicationsx

Chapter Ten: Miscellaneous Provisions of the AIA

  • Abstract
  • I). Introduction
  • II). Administrative Changes at the U.S. PTO
  • III). Jurisdictional Changes Under the AIA
  • IV). Fee Provisions of the AIA
  • V). U.S. PTO Programs Created by the AIA
  • VI). Studies Required by the AIA

Details

No. of pages:
400
Language:
English
Copyright:
© Academic Press 2017
Published:
Imprint:
Academic Press
eBook ISBN:
9780128120972
Paperback ISBN:
9780128120965

About the Author

Sarah Hasford

Sarah Hasford has been involved in the field of patent law for almost ten years. She began her career working as a Patent Examiner at the United States Patent and Trademark Office in Alexandria, Virginia where she examined patent applications directed to heterocyclic pharmaceutical and agricultural compounds. After working as an Examiner, Sarah attended law school at Franklin Pierce Law Center (now known as the University of New Hampshire School of Law). While in law school Sarah interned for the Honorable Arthur J. Gajarsa of the United States Court of Appeals for the Federal Circuit. Upon graduating from law school, Sarah entered private practice in the Washington, D.C. area. Sarah’s practice spanned all aspects of patent law, including patent prosecution, opinion work, and litigation with an emphasis on pharmaceutical patent litigation under the Hatch-Waxman Act. In 2015, Sarah left law firm practice to pursue her passion for educating non-legal professionals about patent law.

Affiliations and Expertise

Washington, D.C., USA