America Invents Act, Priority Patent Claims

America Invents Act › Priority Patent Claims

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The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant changes to the patent system, including changing from a first-to-invent scheme to a first-to-file scheme, eliminating interference proceedings and developing post-grant opposition. less -

PTAB Decides Concurrent IPR and PGR Petitions After Resolving Priority Date Dispute

Jones Day on 2/20/2025

In anticipating a dispute over whether the America Invents Act would apply, Petitioner MPL Brands NV, Inc. (“MPL”) filed concurrent petitions for both inter partes review and post-grant review of U.S. Patent No. 11,932,441...more

PTO Seeks Permanent Rules Regarding Motion to Amend Practice Before Board

McDermott Will & Emery on 3/14/2024

On March 4, 2024, the US Patent & Trademark Office published a Notice of Proposed Rulemaking seeking to revise its Motion to Amend (MTA) pilot program practice in connection with certain America Invents Act (AIA) proceedings....more

USPTO Says Prior Art Date of AIA Patents is Not Limited By Dynamic Drinkware

Foley & Lardner LLP on 12/21/2023

When Dynamic Drinkware was decided in 2015, commentators debated whether differences in the language of the American Invents Act (AIA) version of 35 USC § 102 would shield AIA patents from its restrictions. Now, U.S. Patent...more

Arthrex, Still Without Director Review, Gets Constitutional Review from Patent Commissioner

McDermott Will & Emery on 6/2/2022

A panel of the US Court of Appeals for the Federal Circuit considered whether the Patent Commissioner, on assuming the role of the US Patent & Trademark Office (PTO) Director, can constitutionally evaluate the rehearing of...more

PGR Estoppel Continues to be Broad and Onerous

Jones Day on 3/24/2022

An ITC Administrative Law Judge (ALJ) recently issued an initial determination holding that PGR estoppel prevented GMG Products LLC (Respondent) from raising two prior-art products in the ITC....more

No Refunds: Cancellation of Patent Claims in IPR Isn’t a Taking

McDermott Will & Emery on 9/3/2020

The US Court of Appeals for the Federal Circuit found that cancellation of a patent in an inter partes review (IPR) proceeding is not a taking and does not grant the patentee any compensable claim against the United...more

PTAB Flushes Airplane Lavatory Patent On On-Sale Bar

Jones Day on 11/13/2018

On October 23, 2018, the PTAB found unpatentable B/E Aerospace’s U.S. Design Patent No. D764,031 (“’031 patent”). C&D Zodiac, Inc. v. B/E Aerospace, Inc., PGR2017-00019, Paper 37 (PTAB Oct. 23, 2018). The ’031 patent...more

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