May 17, 2012

America Invents Act A Likely Reality

The United States Congress is very close to fundamentally changing patent law in this country. The enactment of the America Invents Act would be the most significant change made to patent law since 1952. If, in the very near future, the Senate approves this piece of legislation, it could be signed into law by President Obama a few days later.

There are many changes in this America Invents Act that will profoundly affect inventors and business. The most talked about change is a first-to-file system for patent applications rather than the first-to-invent system that is currently in place in the US. This change will significantly pressure patent lawyers to prepare applications very quickly.

© MICHAEL BEST & FRIEDRICH LLP

About the Author

Partner

Richard Kaiser is a partner in our Intellectual Property Practice Group, focusing on patent prosecution for the mechanical arts and having extensive experience with both utility and design patents. Mr. Kaiser works closely with clients to provide meaningful and practical guidance on both U.S. and foreign patent strategies. He is proficient with all steps of the patenting process, from initial patentability searching and analysis, to patent application drafting, and finally with the nuances of prosecuting the pending patent applications before the various patent offices. Mr. Kaiser also...

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About the Author

Chair, Intellectual Property Practice Group

Billie Jean Smith serves as Chair of the firm’s Intellectual Property Practice Group. As an Intellectual Property attorney she works closely with her clients to procure, manage and enforce IP portfolios including patents, trademarks, copyrights and trade secrets. A seasoned attorney nearly twenty years of experience, Ms. Smith aids her clients in the preparation and implementation of IP strategies to achieve desired business goals.

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