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Federal Circuit Narrows AIA Grace Period: Public Disclosure Must Make Invention ‘Reasonably Available’

Patently-O

Kaijet highlights the narrowness of the pre-filing grace period (safe harbor) provision under the America Invents Act (AIA) and serves as a reminder that there are a number of patents that would have been valid under the pre-AIA patent system may no longer be valid under the current law. HyperDrive apparently embodies the claimed invention.

Invention 111
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Only Humans are Inventive?

Patently-O

Patent Act was amended in 2011 to expressly require that inventors be “individuals.” In the case, Thaler claims to own a computer named DABUS, and that DABUS conceived-of two patentable inventions. Thaler argued that the PTO was, in fact, refusing to issue a patent because the invention was made by an AI rather than a human.

Invention 100
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The America Invents Act, Ten Years After Enactment - Part 1: “First Inventor to File”

JD Supra Law

Ten years ago, on September 16, 2011, the America Invents Act (“AIA”) became law. This article is the second in a multi-part series of articles on the significant changes introduced by the AIA and the results of those changes. By: Nexsen Pruet, PLLC

Invention 113
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Celebrating (?) the America Invents Act: Ten Years On, Many IP Stakeholders Say it’s Time for a Second Look

IP Watchdog

During IPWatchdog LIVE 2021 in Dallas, Texas, I asked a handful of willing attendees for their thoughts on the impact of the America Invents Act (AIA) in anticipation of today, the ten-year anniversary of the day President Barack Obama signed the AIA into law. innovation. innovation. patent laws.

Invention 124
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De Forest Radio v. GE: A Landmark Supreme Court Decision on the Invention Requirement

Patently-O

By Dennis Crouch In 1931, the United States Supreme Court decided a landmark case on the patentability of inventions, De Forest Radio Co. 103 as part of the Patent Act of 1952, it nonetheless applied a similar requirement for “invention.” 101, all under the general rubric of the “invention” requirement.

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America Invents Act, Ten Years After Enactment

JD Supra Law

The Leahy-Smith “America Invents Act” (hereinafter, “AIA”) was signed into law ten years ago, on September 16, 2011. We have learned extensively from the enactment and this article is part of a series of lessons learned. By: Nexsen Pruet, PLLC

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Stay on Target: Proper Obviousness Analysis Requires Focus on Claimed Invention

Patently-O

by Dennis Crouch If you break it down far enough, every invention is simply a combination of known materials or steps. In Axonics, the court ruled that the obviousness analysis must focus on the motivation to combine references to reach the claimed invention, not motivation to combine for some other purpose described in the prior art.