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.