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But the inverse is true of patents currently being prosecuted: ~94+ of applications currently pending before the USPTO, we estimate, are governed by the AIA. 2021 Patently-O PatentLaw Journal 34. Prior Patently-O Patent L.J. Our data can be found at: [link]. Pre-AIAPatents ). COVID-19Impact).
But the inverse is true of patents currently being prosecuted: ~94+ of applications currently pending before the USPTO, we estimate, are governed by the AIA. 2021 Patently-O PatentLaw Journal 34. Prior Patently-O Patent L.J. Our data can be found at: [link]. Pre-AIAPatents ). COVID-19Impact).
So these studies can’t tell us much about what’s going on in the Federal Circuit era, unless one assumes—unreasonably—that the Federal Circuit didn’t meaningfully change design patentlaw. those not filed through the Hague System) are kept confidential and unpublished unless and until they issue as patents.
Read : David Boundy, What Every Patent and Trademark Lawyer Should Understand About the MPEP, TMEP, and Other Guidance: How to Use (and Defend Against) the MPEP to be a Better Advocate , 2023 Patently-O PatentLaw Journal 1 (2023) ( Boundy.2021.HowToUseGuidance Prior Patently-O Patent L.J. Pre-AIAPatents ).
This is because business method patents have more chances to be challenged. The America Invents Act of 2011 allows people to challenge your patent within the first 9 months after the patent is granted. For about 8 years, the USPTO can review any business method patent that doesn’t cover a technological invention.
If a provisional application is not followed by a non-provisional patent application claiming priority to the provisional patent application, the disclosure to the patent office will remain unpublished and confidential. Another important function of a provisional patent application is to quickly obtain a filing date.
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