Patent Reforum Blog (AmericaInventsAct.com) Seeks to Help Patent Holders and Patent Seekers Make Sense of the New Leahy-Smith America Invents Bill


January 10, 2012

Blog is a joint venture sponsored by Leonard, Street and Deinard's patent enforcement and defense practice and Schwegman, Lundberg & Woessner's Patent Office practice.

On the heels of President Barack Obama signing the new Leahy-Smith America Invents Act (H.R. 1249) Bill into law this past September, inventors, patent officials and attorneys alike are bracing for a number of sweeping changes. Some predict the new laws will greatly revolutionize the U.S. patent system by introducing efficiency, sparking innovation and creating new jobs. Others, however, believe the new changes ultimately will have little to no impact.

Regardless, change is coming as a result of the most significant overhaul of the U.S. patent system since 1952 takes effect.

A new online resource, Patent Reforum (www.AmericaInventsAct.com), has recently launched to help businesses, patent holders, attorneys and others track changes, make sense of these new changes, and benefit from an open forum for discussion about important developments, issues and opportunities as a result of the America Invents Act (AIA).

Patent Reforum is a unique group venture featuring commentary and analysis by a panel of bloggers that includes intellectual property attorneys from Leonard, Street and Deinard and patent prosecutors from Schwegman, Lundberg & Woessner. Each firm brings a unique perspective to the primary question the blog seeks to answer: How does the new AIA affect the way intellectual property is protected in the United States?

A chief concern is how the new AIA may revise its priority rules determining who is "first to file" in the race to claim a patent.

"For the patent applicant, patent holder or litigant, any number of changes can be challenging," explains Kevin Conneely, chair of Leonard, Street and Deinard's intellectual property practice. "However, the biggest challenges may well come from the so-called 'first to file' priority concepts that will come into effect under the AIA in March 2013. Just as there are often complex factual and legal issues involved in trying to decide who was the 'first to invent' something under the current priority scheme of U.S. patent law, there will certainly be matters to be worked out—both in the U.S. Patent Office and in the courts—with regard to when the person 'first to file' gets the patent. Any number of exceptions set forth in the AIA may still be employed."

Readers of the blog will benefit from the shared experience of longtime collaborators Leonard, Street and Deinard (whose practice focuses on the enforcement and defense of patent claims) and Schwegman, Lundberg & Woessner (whose practice focuses on patent law and the U.S. Patent and Trademark Office). The firms' attorneys have a history of working together on matters involving shared clients.

"One thing we knew from reading the proposed legislation, confirmed by the actual language of the new AIA, is that the far-ranging effects on patent law will be felt both in USPTO practice and in the enforcement and defense of issued patent claims," says Gary Speier, a registered patent attorney practicing with Schwegman, Lundberg & Woessner. "Our firms' combined experience in Patent Office practice and in enforcement and defense of issued patents gives readers a full complement of commentary and analysis, and helps them understand that they need to confer with experienced counsel to wade through the changes—and the impact on their business—brought about by the AIA."