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An article co-authored by Buchanan Ingersoll & Rooney intellectual property attorney Michael L. Dever was published in the Fall 2011 edition of TEQ magazine, a Pittsburgh Technology Council publication.

"Drastic Changes to U.S. Patent System Explained" revisits Buchanan's September 27, 2011 client advisory on the Leahy-Smith American Invents Act, which "dramatically changes the patent system in the United States," according to Dever. The article highlights several of the most important changes —

  • First inventor to file is awarded patent.
  • Expanded defense: prior commercial use
  • Post-grant review
  • Fee reduction for "micro entity" status
  • New virtual patent marking

Among the possible impacts companies need to take into consideration, Dever suggests –

  • Consider filing patent applications for any existing inventions before March 16, 2013.
  • After March 16, 2013, consider early filing of a series of provisional applications.
  • After March 16, 2013, consider publishing disclosures early.
  • Maintain adequate records documenting business processes.
  • Consider instituting post-grant review carefully.
  • If you are considered a "small entity," determine if you qualify for "micro entity" status.
  • Consider using "virtual patent marking."

 The article was also published in the Fall 2011 edition of Made in PA, a publication dedicated to innovation, catalog design and patent reform.