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Taking Advantage of Changing Patent Landscapes
The America Invents Act (AIA), signed into law by President Obama on Sept. 16, 2011, is widely thought to constitute the most significant set of changes to the American patent system since the 1950s. While the most publicized change is the shift from a “first-to-invent” to a “first-to-file,” system, the AIA ushers in a number of additional changes that will be phased in over the next 18 months (see www.uspto.gov/aia_implementation/aia-effective-dates.pdf for a table providing effective dates for each new provision). The exact impact of the AIA may not be known for some time, as both the federal government and the courts will no doubt provide guidance on the new law's implementation and interpretation. What is clear, however, is that in-house legal departments that are proactive in revisiting their internal strategies will be in the best position to maximize the value of their intellectual property assets in light of the AIA.
'First to File' Provisions
One section of the AIA that deserves careful scrutiny is the revised 35 USC 102. The new section 102 becomes effective March 16, 2013 and codifies the “first-to-file” provisions. The AIA actually provides a hybrid first-to-file system as it retains a modified “grace period” provision. The latter provide that a “disclosure” made one year or less before filing is not prior art if the disclosure is made by an inventor or by someone who obtained the information directly or indirectly from an inventor. In addition, a public disclosure by a third party that is before the inventor's filing date is not considered prior art if the inventor, or someone who obtained the information directly or indirectly from an inventor, made a public disclosure before the third party's disclosure and the inventor's filing was made within a year of the inventor's disclosure. As a result of this change, a first inventor who conceives and reduces an invention to practice but loses the race to file at the U.S. Patent and Trademark Office (USPTO) may lose the right to patent the invention.
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Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.