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Redefining Prior Art Under Proposed Patent Reform Measures
This is the second installment of a two-part series on the proposed move from a patent system granting priority of patent rights based upon invention dates to a system in which priority is based primarily upon filing dates. The first installment discussed the history behind the current first-to-invent system and the basics of the proposed changes to the system. This installment explores the statutory bars under the proposed legislation and other changes affecting prior art.
The Shift to a First-to-File System
In Part 1 of this article, we discussed the shift to a first-to-file system under the 2007 Patent Reform Act by changing, among other provisions, the first-to-invent provision contained in current 35 U.S.C. '102(e). That provision currently states that no patent will be granted if 'the invention was described in ' [a published] application for patent ' [or] a patent granted on an application for patent by another filed in the United States before the invention by the applicant. … ' The new '102 first-to-file provision abandons references to invention dates, instead focusing on filing dates: no patent will be granted when 'the claimed invention was described in a patent ' or in an application for patent published ' [that] names another inventor and was effectively filed before the effective filing date of the claimed invention.' [Proposed 35 U.S.C. '102 (a)(2).]
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?