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Blog Category: America Invents Act

USPTO Marks Second Anniversary of Milestone Patent Law—The America Invents Act

Deputy Director Teresa Stanek Rea of the United States Patent and Trademark Office provides opening remarks at a public forum marking the 2nd anniversary of the America Invents Act, the biggest overhaul of the nation’s patent laws since the 19th century.

When President Obama took office, he made overhaul of the patent system one of his top priorities. New innovations and ideas play a crucial role in creating American jobs, stimulating our economy, and remaining globally competitive.

And it was two years ago today that the president signed the America Invents Act (AIA) into law, setting in motion the most significant changes to the U.S. patent system since 1836. In just two years, the United States Patent and Trademark Office’s (USPTO) implementation of AIA has contributed to a more internationally harmonized, more predictable, and more flexible patent system for the United States, and one that is much more responsive to 21st century realities.

USPTO Deputy Director Teresa Stanek Rea marked the anniversary during a public forum at USPTO’s headquarters in Alexandria, Va., today. The meeting served as an opportunity to bring stakeholders together with USPTO experts to address and answers questions on AIA provisions.

USPTO Deputy Director Rea Participates in University of Michigan Law School Panel

Deputy Under Secretary for Intellectual Property and Deputy U.S.Patent and Trademark Office (USPTO) Director Teresa Stanek Rea participated today in a panel titled, "The State of Patent Litigation: A Conversation with the Federal Circuit Court" at the University of Michigan Law School in Ann Arbor. The event included a keynote presentation by the Honorable Randall R. Rader, Chief Judge, United States Court of Appeals for the Federal Circuit.

The America Invents Act (AIA) was the main topic of the panel discussion. Rea described how its historic reforms drive growth in both jobs and exports. Most of the AIA’s rules went into effect on September 16th, and create new avenues to ensure our patents are of the highest quality. The AIA was signed into law by President Obama last September. 

Given Ann Arbor’s proximity to Detroit, it’s not surprising that many audience members were curious to learn more about the USPTO’s first-ever satellite office in Detroit. It opened on July 13th, but examiners there are already working on patent applications from regional inventors. Rea also noted that the USPTO is hard at work looking to open additional offices in Dallas-Fort Worth, Denver, and Silicon Valley.

Commerce's U.S. Patent and Trademark Office Implements Most Provisions of the America Invents Act

Vice Chief Judge Jay Moore of the Patent Trial and Appeal Board explains provisions of the AIA (file photo)

The most significant reform to the U.S. patent system in more than a century is a major step forward as numerous provisions of the Leahy-Smith America Invents Act of 2011 are now in effect. The new rules will spur innovation and economic growth by streamlining the patent application process and introducing new procedures to ensure patent quality. Seven reforms to U.S. patent law went into effect one year after the signing of the bipartisan patent reform legislation by President Barack Obama on September 16, 2011. 

Some of the new rules include three new administrative trial provisions—inter partes review, post-grant review, and the transitional program for covered business method patents—will offer third parties timely, cost-effective alternatives to district court litigation to challenge the patentability of an issued patent; a supplemental examination provision that allows applicants to submit additional information relevant to the patentability of an issued patent to the Office in a new procedure that may protect the patent from an inequitable conduct charge; an inventors oath and declaration provision that for the first time allows assignee filing of a patent application; and a citation of prior art and written statements provision will enable the Office to treat the claims in a patent consistent with how a patent owner represents its claims to the courts or in other Office proceedings.

USPTO Hosts Webinar to Discuss Provisions of the America Invents Act that Become Effective on September 16, 2012

USPTO leadership looks on as Judge Michael Tierney of the Board of Patent Appeals and Interferences addresses Friday’s webinar on changes to patent laws.

In just 9 days, many provisions related to the biggest change in U.S. patent law since the 19th century go into effect, and the senior leadership of the United States Patent and Trademark Office spoke about them in an online webinar this afternoon. The America Invents Act, signed into law by President Barack Obama on September 16, 2011, modernizes our intellectual property system, ensuring that the USPTO is sufficiently resourced to operate efficiently, and affords inventors the timely and consistent patent protections they need to spur business growth and hiring.

Many of these new rules and guidelines go into effect on September 16, 2012, and they were created with input and comments from the public over the last year. Participating in today’s webinar were USPTO Director David Kappos, Commissioner for Patents Peggy Focarino, General Counsel Bernard Knight, Chief Judge James Smith, Lead Judge Michael Tierney, and Chief Communications Officer Todd Elmer.

Meanwhile, USPTO leadership will engage with the public even further when it begins traveling the country on Monday, September 10 for a series of “roadshows.” These roadshows will take place in eight cities—beginning in Minneapolis—and patent practitioners and the public can come to learn about how the America Invents Act is changing the law.

U.S. Patent and Trademark Office Helps Atlanta Kickstart Innovation Opportunities

Director Kappos addressing Startup Atlanta (Photo by Used with permission)

Helping set a stage for success to Atlanta’s entrepreneurs, Under Secretary of Commerce and Director of the U.S. Patent and Trademark Office (USPTO) David Kappos was in the Georgia capital this afternoon to help launch Startup Atlanta. Created by the city’s economic development agency, Invest Atlanta, the initiative seeks to connect entrepreneurs with the resources they need to succeed.

A hallmark for Startup Atlanta is an online platform that will serve as a network for entrepreneurs while simultaneously mapping out valuable resources such as incubators, accelerators, service providers and connections.

At the event, Kappos addressed the importance of a vibrant local entrepreneur community. “Not only do the novel ideas of Georgia’s entrepreneurs have the potential to move the pulse of an industry or transform the welfare of a community,” Kappos said, “They can also attract critical resources and capital for additional research and development, creating a host of new markets and new opportunities.”

Director Kappos Promotes Innovation in Southern California

Director Kappos, seated, being interviewed

Under Secretary and United States Patent and Trademark Office Director David Kappos briefed southern California innovators on the many ways the Obama administration is advancing U.S. innovation. He met with technology entrepreneurs at Powerwave Technologies in Santa Ana, California, hosted by Southern California’s TechVoice chapter in conjunction with CompTIA and locally-based Technology Leadership Political Action Committee (TLPAC). The USPTO is on the eve of publishing a series of new rules implementing the America Invents Act, signed last September by President Obama, which will improve patent quality and make it easier for U.S. innovators to protect their intellectual property (IP) abroad. Attendees were briefed on AIA implementation as well as the USPTO’s plans to open four new satellite offices, including one in the Silicon Valley region of California. “By building partnerships and collaborating with the Orange County Bar and broader community,” Director Kappos said, "the USPTO will better engage its Silicon Valley office with the Southern California IP community.”

Dallas, Denver and San Jose Join Detroit as Regional U.S. Patent Offices

United States Patent and Trademark Office Seal

Acting U.S. Commerce Secretary Rebecca Blank and Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO) David Kappos today announced plans to open regional USPTO offices in or around Dallas, Texas, Denver, Colorado, and Silicon Valley, California. These offices are in addition to the already-announced first USPTO satellite office to open on July 13 in Detroit, Michigan. The four offices will function as hubs of innovation and creativity, helping protect and foster American innovation in the global marketplace, helping businesses cut through red tape, and creating new economic opportunities in each of the local communities.

The offices announced today will help the USPTO attract talented IP experts throughout the country who will work closely with entrepreneurs to process patent applications, reduce the backlog of unexamined patents, and speed up the overall process, allowing businesses to move their innovation to market more quickly, and giving them more room to create new jobs.

Patents are a significant factor in private sector job creation. In fact, the U.S. Commerce Department issued a recent report finding that IP-intensive industries are the source – directly or indirectly – of 40 million jobs, contributing $5.06 trillion to the U.S. economy in 2010.

Selection of the four sites was based upon a comprehensive analysis (PDF) of criteria including geographical diversity, regional economic impact, ability to recruit and retain employees, and the ability to engage the intellectual property community. The Leahy-Smith America Invents Act of 2011 (AIA), signed into law by President Obama in September, requires the USPTO to establish regional satellite locations as part of a larger effort to modernize the U.S. patent system over the next three years.

“Intellectual property protection and innovation are engines of economic growth and the bedrock of America’s private sector,” said Acting U.S. Commerce Secretary Rebecca Blank. â€śThe Obama administration is committed to making certain our businesses and entrepreneurs have the resources they need to grow, create jobs and compete globally. These new offices are an historic step toward further advancing our world’s best IP system, and reinforcing the United States as the number one destination for innovation capital, and research and development around the world.”

USPTO: Leading the Way on International Patent Harmonization

Nearly 80 percent of all patent applications filed worldwide are processed through five patent offices: Commerce's United States Patent and Trademark Office (USPTO), the European Patent Office (EPO), the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), and the State Intellectual Property Office of China (SIPO). In 2007, the five agencies formed a group called the IP5, to work on increased cooperation and collaboration. Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos and Deputy Under Secretary Teresa Stanek Rea attended the 5th Meeting of IP5 Heads of Offices in Porticcio, France on June 6th.  

As the USPTO implements the America Invents Act (AIA), signed into law on September 16, 2011, by President Obama, America is poised to implement an optimal 21st Century harmonized patent system. This administration is leading the process of reshaping an IP world into one in which national and regional patent systems are coordinated to create an optimal environment for technological innovation.

At this high-level meeting, the Heads of Offices focused on receiving and analyzing input from IP owners regarding how to make the patent process more user-friendly. As part of that vision, they discussed the concept of a “Global Dossier,” aimed at simplifying procedures for patent applicants and improving the efficiency of the offices when dealing with the same patent application.

The IP5 also reaffirmed their commitment to improve the Patent Cooperation Treaty (PCT), which already enables patent applicants to seek simultaneous patent protection with a single international application for up to 145 countries.

This was the first-ever IP5 meeting featuring the Heads of Offices. The next meeting of all Heads of Offices will be held in the United States, hosted by the USPTO, in 2013.

USPTO Under Secretary Kappos Concludes 'European Road Show' on U.S. Patent Reform Laws

Kappos and MiklĂłs Bendzsel signing a memorandum of understanding

Managing significant changes to the U.S. patent system brought about by implementation of last year’s major patent reform law is not just a project that stays within our borders. Since many outside the U.S. seek a U.S. patent, other nations have a keen interest in understanding how the America Invents Act will work and may wish to file comments on the rules packages associated with implementing the biggest overhaul to U.S. patent law since the system was born over 200 years ago.

Recognizing this interest, Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos undertook a European “road show” last week, visiting six cities in four days to conduct stakeholder outreach events and meet with the heads of offices from several European intellectual property offices. In conjunction with local chambers of commerce, Under Secretary Kappos covered three important topics during these stakeholder outreach events: an overview of the significant changes being made to the patent system by the America Invents Act and progress in its implementation; the need for further harmonization of the world’s patent laws; and the benefits of a work sharing mechanism known as the Patent Prosecution Highway, or PPH 2.0.

A Cross-Country Tour of American Ingenuity

USPTO Director Kappos engages with an audience member at an American Invents Act roadshow

Guest blog post by David Kappos, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO)

As I flew into the Windy City today, I couldn’t help but marvel once again at the ideas and innovations that continue to shape our lives in a myriad of ways we take for granted—from the thousands of components and systems in the airplane that brought me here to chips in my smartphone—patented and trademarked technologies that seek protection from the United States Patent and Trademark Office are constantly shaping the way we conduct our daily lives.

So in order to best communicate historic changes to our nation’s patent system, I hit the road. And ever since kicking off our America Invents Act (AIA) roadshows in Alexandria, Virginia on February 17, Deputy Director Terry Rea and I have been privileged to meet with some of the inventors and entrepreneurs behind our nation’s greatness—remarkable men and women in exciting hotbeds of innovation as diverse as Sunnyvale, California; Salt Lake City; Dallas; Fort Lauderdale, Florida; Boston; and Chicago, with a final hearing to be held in San Diego on Friday.

The goal of these roadshows and hearings has been twofold: first, to explain the thinking behind the proposed rules for various provisions under the AIA—including new systems to challenge and evaluate patents, like supplemental examination, inter partes review, and post grant review. And second, to conduct a spirited and productive dialogue with our user community, whose input is vital to our mission of building a 21st century patent system. These efforts not only help advance President Obama’s strategy for unleashing American innovation, but it also supports Secretary Bryson’s commitment to leveraging intellectual property to boost American manufacturing, American exports and American jobs.

2011: A Great Year for American Inventors and Innovation

Photo of USPTO Headquarters

Guest blog post by David Kappos, Under Secretary of Commerce for Intellectual Property and Director of the USPTO

As December draws to a close , it’s difficult to imagine a more historic year for the United States Patent and Trademark Office (USPTO) than 2011. The dedication and hard work of our talented public servants has enabled the Agency to make significant strides in the quality, efficiency, and certainty of patents and trademarks granted to technological enterprises. And our collaboration with the small business community has allowed us to level the competitive playing field by offering new tools and resources for independent inventors to acquire intellectual property rights with more ease. As this year comes to an end, I want to take a moment to recount what our extended USPTO family has helped accomplish for American inventors and American innovation, through the lens of a few numbers and key dates that were important this year.

USPTO: Boosting Small Business with the New Patent Law

The president signing the bill

When President Barack Obama signed the America Invents Act (AIA) into law six weeks ago, he did more than just implement the largest patent reform since 1836. The AIA aims to help small business secure patent protection for their inventions in a variety of ways. The Act offers not only favorable legal provisions, but also establishes studies and programs to further investigate how Congress may assist small businesses in the future. The provisions in the AIA help simplify the patent law, promote the disclosure of inventions, and establish procedures to remove bad patents from the intellectual property (IP) system early.

By introducing provisions that speed the patent application process and enhance the quality review of patent applications, the AIA enables applicants to secure an examination of an application in one-third the regular time from an average of 3 years to an average of 12 months. Additional provisions will provide an avenue that small businesses may use to challenge bad patents and receive a decision within 12 months. This changes the current practice where decisions on patent validity are determined through district court litigation and may take several years at significantly greater expense.

Building a 21st Century Patent and Trademark Office

Director Kappos takes questions while at the Brookings Institute

Today, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) David Kappos addressed the Brookings Institution’s Center for Technology Innovation, outlining how comprehensive patent reform, signed into law by President Obama two weeks ago today, impacts American innovation, American jobs and American leadership. Representing the most significant overhaul of the U.S. patent system in a generation, the America Invents Act (AIA) transforms how patents are obtained, challenged, and valued in acquisition, licensing, and litigation settlement discussions.

In the centuries since the first patent examiner—Thomas Jefferson—reviewed and granted the first U.S. patent, our nation has observed sweeping revolutions in the pace of innovation—but with no comprehensive legislative adjustment in patent policy.

By building out the world’s only 21st century Patent and Trademark Office, equipped to manage the demands of a globalized economy, this new law enables a better resourced USPTO to grant intellectual property rights with greater speed, greater quality, greater clarity and greater enforceability. It also advances the President’s overall strategy of deploying American innovation to build businesses and build jobs.

Acting Secretary Blank and USPTO Director Kappos Join President Obama at the America Invents Act Signing Ceremony

President Barack Obama signs the America Invents Act into law at Thomas Jefferson High School for Science and Technology in Alexandria, Virginia, Sept. 16, 2011. (Official White House Photo by Lawrence Jackson)

At a ceremony at the Thomas Jefferson High School for Science and Technology in Alexandria, Virginia, President Obama today signed the America Invents Act into law, representing historic patent reform legislation that will help American entrepreneurs and businesses bring their inventions to market sooner, creating new businesses and new jobs. Passed with the president’s consistent leadership and strong bipartisan support, the America Invents Act represents the most significant reform of the Patent Act since 1952, and will help American companies and inventors who have suffered costly delays and unnecessary litigation focus on innovation and job creation.

Innovation is the primary source of economic growth, job creation,
and U.S. competitiveness in today’s global economy. An efficiently operating intellectual property system is critical to our ability to spur innovation and bring new services and products to the marketplace faster. For investors, patents are strong indicators of market potential for new companies; and for inventors, they are often vital to attracting investment. 

"Our success in creating the conditions that spur new ideas, and our commitment to investing in the education, research and development priorities that help shape our country’s innovation infrastructure, will determine the opportunities of future generations,” Acting Commerce Secretary Rebecca Blank said. “These issues will determine whether or not America is home to the industries that will fuel economic growth–and the jobs that come with it - in the 21st century.”

Aneesh Chopra, on the White House Blog, said, "By transitioning to a simpler, more objective, and more inventor-friendly system of issuing patents, the new Act helps ensure that independent inventors and small entities have greater clarity and certainty over their property rights and will be able to navigate the patent system on a more equitable footing with large enterprises."

The Act also establishes a new in-house review process for challenging patents—a process that is faster and significantly cheaper than litigation, which too often stymies technological growth. By resolving disputes about patent rights earlier, more efficiently, and at lower cost, we can  add greater certainty to—and cultivate greater confidence it—the American patent system."

United States Patent and Trademark Office Director David Kappos and U.S. Chief Technology Officer Aneesh Chopra hosted an Open for Questions event on at 5:00 p.m. EDT on Friday, September 16th. If you missed it, you can watch the entire Q&A session on the White House blog.

The Leahy-Smith America Invents Act (AIA)

On September 8, the Senate passed the Leahy-Smith America Invents Act (AIA), H.R. 1249, by a vote of 89-9.  The bill now will be sent to the President for his signature.

This legislation has been a major priority of the Department of Commerce and the Office of General Counsel since the beginning of this Administration.  The AIA marks the first comprehensive reform to U.S. patent law in 60 years and transforms the patent system to accommodate the needs of 21st Century inventors and businesses. 

At a time of great need for the U.S. economy, the AIA will foster American innovation, provide greater certainty to businesses and inventors, and promote job growth.  Fundamental changes to the patent system made by the legislation include:

  • Establishing a “first-inventor-to-file,” which will simplify the U.S. patent application system and harmonize it with others around the world;
  • Providing the opportunity for third parties to submit information regarding pending patent applications and creating a post-grant opposition proceeding to identify patents that should not have been granted.  Both these changes will improve patent quality, which will promote investment and job growth;
  • Improving the system to administratively challenge patents, which will speed adjudication of meritorious challenges and provide faster resolution and certainty for patent holders facing unsubstantiated challenges; and
  • Reducing fees for small and micro-entities by as much as 75%, which will foster innovation.

The AIA requires a series of rulemakings and studies, which will need to be completed expeditiously.  The Office of General Counsel will be working with the U.S. Patent and Trademark Office to complete the work as quickly as possible and to bring the benefits of the legislation to consumers and businesses alike.  Implementation Effort

Secretary Locke Outlines Administration’s Views on Patent Reform

U.S. Commerce Secretary Gary Locke today issued a letter to House Judiciary Committee Chairman Lamar Smith and Ranking Member John Conyers outlining the views of the Obama administration on patent reform legislation currently being considered in the U.S. House of Representatives.

The America Invents Act increases the certainty of patent rights by implementing a first-inventor-to-file system for patent approval, which reduces the need for cost-prohibitive litigation that often ties up new ideas in court, stifling innovation and holding back job creation. It will also allow the United States Patent and Trademark Office (USPTO) to set and retain the fees it collects from its users. The USPTO is entirely fee-funded, and this fee-setting authority will ensure high-quality, timely patent review and address the backlog of patent applications that is currently preventing new innovations from reaching the marketplace.

Since the beginning of Locke’s tenure as Commerce Secretary, reforming the U.S. patent system to support the acceleration of American innovation and competitiveness and drive job creation and economic growth has been one of his top priorities. In meetings with CEOs and U.S. business leaders from companies of all sizes, the shortcomings of the U.S. patent system and the need for reform has almost always been a topic of conversation.

During the last two years, Locke has worked with bipartisan Congressional leaders as they have crafted legislation that is widely supported by industry experts, universities, independent inventors, and the business community, because it will make it easier for America’s innovators to produce new technologies that drive economic growth and create jobs.