On July 6, the Computer and Communications Industry Association submitted comments on America Invents Act (AIAAmerica Invents Act of 2011. AIA made modest reforms, most notably moving the U.S. to a first-inventor-to-file system more aligned with foreign practice, but also including expanding prior user rights to all patent-eligible subject matter, and instituting a post-grant review proceeding.) trial procedures in response to the PTO’s ongoing request for such feedback, most recently at the PTABPatent Trial and Appeal Board. Reviews adverse decisions of examiners on written appeals of applicants and appeals of reexaminations, and conducts inter partes reviews and post-grant reviews. The Board also continues to decide patent interferences, as it was known as the Board of Patent Appeals and Interferences (BPAI) before the AIA. Judicial Conference in June.
Our comments, briefly summarized, are that:
- The inter partes review (IPRIntellectual Property Rights. Usually associated with formal legal rights such as patent, trademark, and copyright. Intellectual property is a broader term that encompasses knowledge, information, and data considered proprietary whether or not it is formally protected.) procedure has been successful in providing an efficient mechanism for second level review of PTOPatent and Trademark Office, informally used interchangeably with USPTO. patent grants, the purpose for which it was intended by Congress.
- IPRIntellectual Property Rights. Usually associated with formal legal rights such as patent, trademark, and copyright. Intellectual property is a broader term that encompasses knowledge, information, and data considered proprietary whether or not it is formally protected. is a fair procedure producing accurate results, based on results of appellate reviews and comparison to similar post-grant systems worldwide.
- Current multiple petition practice is necessary to protect the rights of petitioners and also not unduly burdensome or harassing with respect to patent owners.
- The broadest reasonable interpretation standard of claim constructionSee Markman hearing, as upheld in Cuozzo, remains appropriate.
- The PTABPatent Trial and Appeal Board. Reviews adverse decisions of examiners on written appeals of applicants and appeals of reexaminations, and conducts inter partes reviews and post-grant reviews. The Board also continues to decide patent interferences, as it was known as the Board of Patent Appeals and Interferences (BPAI) before the AIA. should endeavour to update the parties on claim constructionSee Markman hearing changes as soon as is practical.
- Current amendment practice is sufficient.
- The PTABPatent Trial and Appeal Board. Reviews adverse decisions of examiners on written appeals of applicants and appeals of reexaminations, and conducts inter partes reviews and post-grant reviews. The Board also continues to decide patent interferences, as it was known as the Board of Patent Appeals and Interferences (BPAI) before the AIA. should continue to have the same panels decide on institution and final decision.
Because this is an informal feedback process, comments are not made public by the PTOPatent and Trademark Office, informally used interchangeably with USPTO.. We believe that our comments are helpful resources for understanding AIAAmerica Invents Act of 2011. AIA made modest reforms, most notably moving the U.S. to a first-inventor-to-file system more aligned with foreign practice, but also including expanding prior user rights to all patent-eligible subject matter, and instituting a post-grant review proceeding. trial procedures and the debates regarding those procedures. We also believe it’s important to make public as many such comments as practical. In order to help fulfill this goal, we’ve collected comments from other organizations and companies and made them available on Patent Progress.
Collected here are copies of, or links to, comments submitted to the USPTOUnited States Patent and Trademark Office. See also PTO. which we have been granted permission to make public. If you have submitted comments that you would like to have made public, please contact us.
CCIA Comments On AIAAmerica Invents Act of 2011. AIA made modest reforms, most notably moving the U.S. to a first-inventor-to-file system more aligned with foreign practice, but also including expanding prior user rights to all patent-eligible subject matter, and instituting a post-grant review proceeding. Trial Procedures
IA-Comments-On-PTAB-Procedural-Reform-Initiatives
PTABPatent Trial and Appeal Board. Reviews adverse decisions of examiners on written appeals of applicants and appeals of reexaminations, and conducts inter partes reviews and post-grant reviews. The Board also continues to decide patent interferences, as it was known as the Board of Patent Appeals and Interferences (BPAI) before the AIA. Suggestions of 13 Companies
SEC Comments on PTABPatent Trial and Appeal Board. Reviews adverse decisions of examiners on written appeals of applicants and appeals of reexaminations, and conducts inter partes reviews and post-grant reviews. The Board also continues to decide patent interferences, as it was known as the Board of Patent Appeals and Interferences (BPAI) before the AIA. AIAAmerica Invents Act of 2011. AIA made modest reforms, most notably moving the U.S. to a first-inventor-to-file system more aligned with foreign practice, but also including expanding prior user rights to all patent-eligible subject matter, and instituting a post-grant review proceeding. Trials
If you have submitted comments that you would like to have added to this page, please let us know.
