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Foster Swift Collins & Smith

IP Monday: Provisional vs. Non-Provisional Patents — When to File What

Foster Swift Collins & Smith on

In the U.S., patent rights generally go to the first inventor to file — not the first to invent. Filing early secures your place in line. But the type of application you choose (provisional vs. non-provisional) can...more

Miller Canfield

Patent Derivation Proceedings Offer a First-to-File Exception - Don’t Take the Bait

Miller Canfield on

The Federal Circuit’s recent decision in Global Health Solutions LLC v. Selner is its first review of a rare patent dispute resolution process under the America Invents Act (AIA). The decision serves as a warning that proving...more

Ropes & Gray LLP

Best Practices for Diligencing Chain-of-Title for Post-AIA Patent Applications with Assignee-Applicants

Ropes & Gray LLP on

Patent diligence in the context of M&A and other types of commercial transactions typically involves confirmation of a patent’s chain-of-title ownership, from initial inventors through to the current assignee-owner. The...more

McDermott Will & Schulte

Patent by Secret Process: Perils of Pre-Patent Profiting

McDermott Will & Schulte on

The US Court of Appeals for the Federal Circuit affirmed the International Trade Commission’s (ITC) determination that the asserted process patents were invalid under the America Invents Act (AIA) because products made using...more

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