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Blog Category: America Invents Act

USPTO Marks Second Anniversary of Milestone Patent Law—The America Invents Act

Deputy Director Teresa Stanek Rea of the United States Patent and Trademark Office provides opening remarks at a public forum marking the 2nd anniversary of the America Invents Act, the biggest overhaul of the nation’s patent laws since the 19th century.

When President Obama took office, he made overhaul of the patent system one of his top priorities. New innovations and ideas play a crucial role in creating American jobs, stimulating our economy, and remaining globally competitive.

And it was two years ago today that the president signed the America Invents Act (AIA) into law, setting in motion the most significant changes to the U.S. patent system since 1836. In just two years, the United States Patent and Trademark Office’s (USPTO) implementation of AIA has contributed to a more internationally harmonized, more predictable, and more flexible patent system for the United States, and one that is much more responsive to 21st century realities.

USPTO Deputy Director Teresa Stanek Rea marked the anniversary during a public forum at USPTO’s headquarters in Alexandria, Va., today. The meeting served as an opportunity to bring stakeholders together with USPTO experts to address and answers questions on AIA provisions.

USPTO Deputy Director Rea Participates in University of Michigan Law School Panel

Deputy Under Secretary for Intellectual Property and Deputy U.S.Patent and Trademark Office (USPTO) Director Teresa Stanek Rea participated today in a panel titled, "The State of Patent Litigation: A Conversation with the Federal Circuit Court" at the University of Michigan Law School in Ann Arbor. The event included a keynote presentation by the Honorable Randall R. Rader, Chief Judge, United States Court of Appeals for the Federal Circuit.

The America Invents Act (AIA) was the main topic of the panel discussion. Rea described how its historic reforms drive growth in both jobs and exports. Most of the AIA’s rules went into effect on September 16th, and create new avenues to ensure our patents are of the highest quality. The AIA was signed into law by President Obama last September. 

Given Ann Arbor’s proximity to Detroit, it’s not surprising that many audience members were curious to learn more about the USPTO’s first-ever satellite office in Detroit. It opened on July 13th, but examiners there are already working on patent applications from regional inventors. Rea also noted that the USPTO is hard at work looking to open additional offices in Dallas-Fort Worth, Denver, and Silicon Valley.

Commerce's U.S. Patent and Trademark Office Implements Most Provisions of the America Invents Act

Vice Chief Judge Jay Moore of the Patent Trial and Appeal Board explains provisions of the AIA (file photo)

The most significant reform to the U.S. patent system in more than a century is a major step forward as numerous provisions of the Leahy-Smith America Invents Act of 2011 are now in effect. The new rules will spur innovation and economic growth by streamlining the patent application process and introducing new procedures to ensure patent quality. Seven reforms to U.S. patent law went into effect one year after the signing of the bipartisan patent reform legislation by President Barack Obama on September 16, 2011. 

Some of the new rules include three new administrative trial provisions—inter partes review, post-grant review, and the transitional program for covered business method patents—will offer third parties timely, cost-effective alternatives to district court litigation to challenge the patentability of an issued patent; a supplemental examination provision that allows applicants to submit additional information relevant to the patentability of an issued patent to the Office in a new procedure that may protect the patent from an inequitable conduct charge; an inventors oath and declaration provision that for the first time allows assignee filing of a patent application; and a citation of prior art and written statements provision will enable the Office to treat the claims in a patent consistent with how a patent owner represents its claims to the courts or in other Office proceedings.

USPTO Hosts Webinar to Discuss Provisions of the America Invents Act that Become Effective on September 16, 2012

USPTO leadership looks on as Judge Michael Tierney of the Board of Patent Appeals and Interferences addresses Friday’s webinar on changes to patent laws.

In just 9 days, many provisions related to the biggest change in U.S. patent law since the 19th century go into effect, and the senior leadership of the United States Patent and Trademark Office spoke about them in an online webinar this afternoon. The America Invents Act, signed into law by President Barack Obama on September 16, 2011, modernizes our intellectual property system, ensuring that the USPTO is sufficiently resourced to operate efficiently, and affords inventors the timely and consistent patent protections they need to spur business growth and hiring.

Many of these new rules and guidelines go into effect on September 16, 2012, and they were created with input and comments from the public over the last year. Participating in today’s webinar were USPTO Director David Kappos, Commissioner for Patents Peggy Focarino, General Counsel Bernard Knight, Chief Judge James Smith, Lead Judge Michael Tierney, and Chief Communications Officer Todd Elmer.

Meanwhile, USPTO leadership will engage with the public even further when it begins traveling the country on Monday, September 10 for a series of “roadshows.” These roadshows will take place in eight cities—beginning in Minneapolis—and patent practitioners and the public can come to learn about how the America Invents Act is changing the law.

U.S. Patent and Trademark Office Helps Atlanta Kickstart Innovation Opportunities

Director Kappos addressing Startup Atlanta (Photo by Bytegraph.com. Used with permission)

Helping set a stage for success to Atlanta’s entrepreneurs, Under Secretary of Commerce and Director of the U.S. Patent and Trademark Office (USPTO) David Kappos was in the Georgia capital this afternoon to help launch Startup Atlanta. Created by the city’s economic development agency, Invest Atlanta, the initiative seeks to connect entrepreneurs with the resources they need to succeed.

A hallmark for Startup Atlanta is an online platform that will serve as a network for entrepreneurs while simultaneously mapping out valuable resources such as incubators, accelerators, service providers and connections.

At the event, Kappos addressed the importance of a vibrant local entrepreneur community. “Not only do the novel ideas of Georgia’s entrepreneurs have the potential to move the pulse of an industry or transform the welfare of a community,” Kappos said, “They can also attract critical resources and capital for additional research and development, creating a host of new markets and new opportunities.”

Director Kappos Promotes Innovation in Southern California

Director Kappos, seated, being interviewed

Under Secretary and United States Patent and Trademark Office Director David Kappos briefed southern California innovators on the many ways the Obama administration is advancing U.S. innovation. He met with technology entrepreneurs at Powerwave Technologies in Santa Ana, California, hosted by Southern California’s TechVoice chapter in conjunction with CompTIA and locally-based Technology Leadership Political Action Committee (TLPAC). The USPTO is on the eve of publishing a series of new rules implementing the America Invents Act, signed last September by President Obama, which will improve patent quality and make it easier for U.S. innovators to protect their intellectual property (IP) abroad. Attendees were briefed on AIA implementation as well as the USPTO’s plans to open four new satellite offices, including one in the Silicon Valley region of California. “By building partnerships and collaborating with the Orange County Bar and broader community,” Director Kappos said, "the USPTO will better engage its Silicon Valley office with the Southern California IP community.”

Dallas, Denver and San Jose Join Detroit as Regional U.S. Patent Offices

United States Patent and Trademark Office Seal

Acting U.S. Commerce Secretary Rebecca Blank and Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO) David Kappos today announced plans to open regional USPTO offices in or around Dallas, Texas, Denver, Colorado, and Silicon Valley, California. These offices are in addition to the already-announced first USPTO satellite office to open on July 13 in Detroit, Michigan. The four offices will function as hubs of innovation and creativity, helping protect and foster American innovation in the global marketplace, helping businesses cut through red tape, and creating new economic opportunities in each of the local communities.

The offices announced today will help the USPTO attract talented IP experts throughout the country who will work closely with entrepreneurs to process patent applications, reduce the backlog of unexamined patents, and speed up the overall process, allowing businesses to move their innovation to market more quickly, and giving them more room to create new jobs.

Patents are a significant factor in private sector job creation. In fact, the U.S. Commerce Department issued a recent report finding that IP-intensive industries are the source – directly or indirectly – of 40 million jobs, contributing $5.06 trillion to the U.S. economy in 2010.

Selection of the four sites was based upon a comprehensive analysis (PDF) of criteria including geographical diversity, regional economic impact, ability to recruit and retain employees, and the ability to engage the intellectual property community. The Leahy-Smith America Invents Act of 2011 (AIA), signed into law by President Obama in September, requires the USPTO to establish regional satellite locations as part of a larger effort to modernize the U.S. patent system over the next three years.

“Intellectual property protection and innovation are engines of economic growth and the bedrock of America’s private sector,” said Acting U.S. Commerce Secretary Rebecca Blank. “The Obama administration is committed to making certain our businesses and entrepreneurs have the resources they need to grow, create jobs and compete globally. These new offices are an historic step toward further advancing our world’s best IP system, and reinforcing the United States as the number one destination for innovation capital, and research and development around the world.”

USPTO: Leading the Way on International Patent Harmonization

Nearly 80 percent of all patent applications filed worldwide are processed through five patent offices: Commerce's United States Patent and Trademark Office (USPTO), the European Patent Office (EPO), the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), and the State Intellectual Property Office of China (SIPO). In 2007, the five agencies formed a group called the IP5, to work on increased cooperation and collaboration. Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos and Deputy Under Secretary Teresa Stanek Rea attended the 5th Meeting of IP5 Heads of Offices in Porticcio, France on June 6th.  

As the USPTO implements the America Invents Act (AIA), signed into law on September 16, 2011, by President Obama, America is poised to implement an optimal 21st Century harmonized patent system. This administration is leading the process of reshaping an IP world into one in which national and regional patent systems are coordinated to create an optimal environment for technological innovation.

At this high-level meeting, the Heads of Offices focused on receiving and analyzing input from IP owners regarding how to make the patent process more user-friendly. As part of that vision, they discussed the concept of a “Global Dossier,” aimed at simplifying procedures for patent applicants and improving the efficiency of the offices when dealing with the same patent application.

The IP5 also reaffirmed their commitment to improve the Patent Cooperation Treaty (PCT), which already enables patent applicants to seek simultaneous patent protection with a single international application for up to 145 countries.

This was the first-ever IP5 meeting featuring the Heads of Offices. The next meeting of all Heads of Offices will be held in the United States, hosted by the USPTO, in 2013.

USPTO Under Secretary Kappos Concludes 'European Road Show' on U.S. Patent Reform Laws

Kappos and Miklós Bendzsel signing a memorandum of understanding

Managing significant changes to the U.S. patent system brought about by implementation of last year’s major patent reform law is not just a project that stays within our borders. Since many outside the U.S. seek a U.S. patent, other nations have a keen interest in understanding how the America Invents Act will work and may wish to file comments on the rules packages associated with implementing the biggest overhaul to U.S. patent law since the system was born over 200 years ago.

Recognizing this interest, Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos undertook a European “road show” last week, visiting six cities in four days to conduct stakeholder outreach events and meet with the heads of offices from several European intellectual property offices. In conjunction with local chambers of commerce, Under Secretary Kappos covered three important topics during these stakeholder outreach events: an overview of the significant changes being made to the patent system by the America Invents Act and progress in its implementation; the need for further harmonization of the world’s patent laws; and the benefits of a work sharing mechanism known as the Patent Prosecution Highway, or PPH 2.0.

A Cross-Country Tour of American Ingenuity

USPTO Director Kappos engages with an audience member at an American Invents Act roadshow

Guest blog post by David Kappos, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO)

As I flew into the Windy City today, I couldn’t help but marvel once again at the ideas and innovations that continue to shape our lives in a myriad of ways we take for granted—from the thousands of components and systems in the airplane that brought me here to chips in my smartphone—patented and trademarked technologies that seek protection from the United States Patent and Trademark Office are constantly shaping the way we conduct our daily lives.

So in order to best communicate historic changes to our nation’s patent system, I hit the road. And ever since kicking off our America Invents Act (AIA) roadshows in Alexandria, Virginia on February 17, Deputy Director Terry Rea and I have been privileged to meet with some of the inventors and entrepreneurs behind our nation’s greatness—remarkable men and women in exciting hotbeds of innovation as diverse as Sunnyvale, California; Salt Lake City; Dallas; Fort Lauderdale, Florida; Boston; and Chicago, with a final hearing to be held in San Diego on Friday.

The goal of these roadshows and hearings has been twofold: first, to explain the thinking behind the proposed rules for various provisions under the AIA—including new systems to challenge and evaluate patents, like supplemental examination, inter partes review, and post grant review. And second, to conduct a spirited and productive dialogue with our user community, whose input is vital to our mission of building a 21st century patent system. These efforts not only help advance President Obama’s strategy for unleashing American innovation, but it also supports Secretary Bryson’s commitment to leveraging intellectual property to boost American manufacturing, American exports and American jobs.