Understanding The New Patent Law Changes

In Understanding The New Patent Law Changes, you'll learn ...

• The implications of the change to a first-to-file system
• The increased importance of provisional patent applications and confidentiality agreements
• How to develop a provisional patent application that can withstand a challenge
• Important exceptions to the first-to-file rule for inventor’s own disclosures

Overview

Preview a portion of this course before purchasing it.

Credit: 3 PDH

Length: 36 pages

Technology is a key asset to most businesses. The know-how to produce a product or a service in a manner that sets the company apart from its competitors is a proprietary advantage that must be protected for continued success. Know-how is often the result of a significant expenditure of corporate resources and the benefit of experience through trial and error. This proprietary technology allows them to be competitively positioned in the marketplace. Your competitor is equally aware of the importance of protecting technology and has applied for and been granted patents in certain technology areas you operate in. This course is designed to bring awareness to you about the important changes in the patent laws in the twenty first century and possibly one of the most significant changes in the patent laws in the past two centuries.

You have undoubtedly heard about the 2011 changes to the patent laws as a result of Leahy-Smith Invent Act. But what does it all mean? How does it impact the way you handle your invention protection strategies? Will this make it harder or easier? Will it be more (or less) expensive? This course will focus on the most practical implications of the new law and what you need to know to take the best advantage of the new patent system.

This course is intended for practicing engineers of any industry whose daily work involves creating innovations but have little or no practical experience in protecting the innovations or differentiating innovations from prior art and patented inventions. For those engineers who have had patents filed in the past or dealt with their intellectual property legal department, this course introduces important changes in the patent laws which could significantly change the modus operandi of their patent protection practices.

Learning Objectives

Upon completion of this course, participants will be able to:

• Explain the implications of the change to a first-to-file system.
• Define the increased importance of provisional patent applications and confidentiality agreements.
• Develop a provisional patent application that can withstand a challenge.
• Describe important exceptions to the first-to-file rule for an inventor’s own disclosures.
• Summarize the expansion of the on-sale and in-use patent bars.
• Interpret how prior art is defined under the new laws.
• Outline changes in the best mode challenge to patent validity and explain why it is no longer a way to invalidate your patent.
• Identify the new oath and declaration procedures that allow assignees such as employers to sign if the inventor is unavailable or uncooperative.
• Analyze the new prohibition on the issuance of patents claiming "a human organism" and "tax strategies."
• Apply technology updates to business practices through new virtual patent marking.
• Evaluate changes aimed at reducing patent troll activity and false marking claims.
• Compare expedited proceedings and their associated fees and benefits.
• Demonstrate how micro-entities can qualify for the lower fee structure and associated savings.
• Examine initiatives for assisting small businesses and independent inventors.
• Assess the new derivation proceedings and determine what to do if someone uses your technology to derive their own "invention."
• Classify third-party challenges and the new opportunities during prosecution for preventing your competitors from getting patents for inventions that are not novel or are obvious.
• Determine how to ensure you have timely notice of patent publications so you can act in time.
• Perform a do-it-yourself search for patent publications.
• Construct an approach for determining when a prior user defense can be asserted in a patent infringement case.
• Critique how the new supplemental examination can “cure” potential inequitable conduct issues.
• Differentiate among post-grant review procedures, including ex parte reexamination, inter partes reexamination, and inter partes review.
• Formulate an approach for determining the scope of patent protection for future discoveries.
• Select the circumstances under which a prior user defense can be asserted in a patent infringement case.
• Correlate the new supplemental examination process with its ability to “cure” potential inequitable conduct issues.
• Recognize post-grant review procedures, including ex parte reexamination, inter partes reexamination, and inter partes review.
• Calculate factors affecting the scope of patent protection for future discoveries.

Certificate of Completion

You will be able to immediately print a certificate of completion after passing a multiple-choice quiz consisting of 25 questions. PDH credits are not awarded until the course is completed and quiz is passed.