February 2013Eric Jones attended the 2012 AdvaMed conference in Boston. During the conference, Jones discussed Intellectual Property issues with medical device company CEOs and their industry partners who had come to the conference to learn how to navigate the federal government’s regulatory bureaucracy and bring their products to market. AdvaMed’s member companies produce the medical devices, diagnostic products and health information systems that are transforming health care through earlier disease detection, less invasive procedures and more effective treatments.
On March 16, 2013, the America Invents Act (AIA) mandates several important changes to U.S. patent law, some of which are discussed below.
- First, the AIA fundamentally changes the award of patents to a quasi first-to-file system, which some consider a compromise between the old U.S. first-to-invent system and the first-to-file system used by many other countries. Under the new system, a first-in-time inventor who delays filing a patent application on an invention will lose out (absent certain exceptions) to a second-in-time inventor who is the first to file a patent application on that invention and who did not derive the invention from the first-in-time inventor.
- Second, the AIA modifies the old “grace period” prior art exceptions for certain activities of a patent applicant less than one year before the applicant files a patent application. New exceptions relate to certain disclosures, public and otherwise, but are too complex to detail here. Please contact your Reising attorney if you have questions about the new prior art exceptions.
- Third, the AIA broadens the definition of “prior art” to also include prior public use or sale of the claimed invention anywhere in the world, and to include any patent publication as of its earliest priority date anywhere in the world.
The information above is not legal advice, so please contact one of our attorneys to learn more about the America Invents Act and how it could require changes in your business. Our office phone number is 248-689-3500. Or, you can visit www.reising.com to contact any of our attorneys.