wiredinUSA October 2011

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Good news for patent backlog

wiredIn USA

The America Invents Act has been incorporated into US law, bringing US patent laws into line with those in Europe. It is expected that companies seeking patent protection in the US will welcome the move, and applications may be dealt with more promptly. The main changes to legislation include the adoption of the to that in Europe, with the right of ownership allocated on a first come, first served, basis. “The United States Patent and Trade Mark Office (USPTO) is also taking the opportunity of this overhaul of patent law to make some changes to its fee structure and the way the organization can use the funds it generates,” first-inventor-to-file rule. US law will now be similar

said Dave Croston, a patent attorney at patent and trade mark lawyers Wither & Rogers. He added: “These changes should help the organization to tackle the massive backlog of pending US patent applications, which currently stands at over 600,000.” The USPTO will adopt the absolute novelty rule, meaning that prior disclosure anywhere in the world, not just in the US, can be used to challenge a US patent. In addition, third parties will be able to object to a US patent for up to nine months after it has been granted. This is similar to European Patent Office (EPO) opposition proceedings.

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wiredInUSA - October 2011

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