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President signs patent reform law

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Indiana Lawyer Rehearing

A long-debated patent reform law is now in place, signaling the most significant change to the system in nearly six decades.

President Barack Obama signed the legislation Sept. 16, with Eli Lilly chief executive officer John Lechleiter standing next to him. The America Invents Act – officially known as H.R. 1249 – cleared the Senate in an 89-9 vote on Sept. 8.

Congress wrestled with the proposal for almost a decade. Meanwhile, the Supreme Court of the United States has issued a series of rulings through the years addressing issues like “business patent methods.”

The new law changes the infrastructure of the nation’s patent system from a first-to-invent to a first-to-file system – something that advocates argued would bring the U.S. closer to systems already used in the rest of the world. Under a first-to-file system, two patent applications that cover the same invention can no longer be contested in an interference proceeding. The patent will go to the inventor with the earliest filing date.

Under the old system, interference proceedings were used to determine which of the two patent applicants invented first by reviewing evidence of the actual conception date of the invention. In the first-to-file system, the first inventor to file has the presumptive rights in the patent and the second to file can only overcome that presumption if he or she can prove that the first applicant derived the invention from that other applicant.

Opponents argued that the first-to-file system favors large, well-funded corporations and hurts small inventors who don’t have the resources to file with the U.S. Patent and Trademark Office as quickly.

The law also establishes a process for someone other than the patent owner/applicant to challenge the validity of a granted patent through a post-grant review; allows virtual marking of a patented item; eliminates qui tam provisions in the false marking sections of the law by prohibiting anyone other than the U.S. from suing for penalties associated with false marking; prohibits any patents related directly to or encompassing a human organism; and renders unpatentable any business method or tax strategy.

The law ensures that the patent office has the funding needed to expedite the application process. It currently takes an average of three years to get a patent approved. The agency has a backlog of 1.2 million pending patents, and more than 700,000 have yet to be reviewed, according to the U.S. patent office.
 

Rehearing "Companies urge IP caution" IL March 4-17, 2009

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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