STATUTE / COURTS

Dynamic

            Patent Law can be quite dynamic.  Indeed, lately there has been very significant change to the written law or 'statute' and the jurisprudence law 'case law'.  These changes not only have a big effect on the outcome that a corporate manager might anticipate, but also have a very big effect on the manner in which patent applications must be prosecuted.  Integrity IP keeps close abreast of these changes to assure a most up to date approach that will produce the greatest possible protections.

 

Statute – America Invents Act

            The last major change to patent law is now over 5 years old.  However, the overall effects of those changes are still becoming known to all as more and more cases move through the system.  We can now see how the lower courts are responding to certain new provisions brought by the America Invents Act.

            While many observers and patent experts have noted the negative effects on the patentee community, the Act remains and is the framework within which the system is defined. 

            Keeping a close watch of how the Patent Office and Patent Trial and Appeal Board operates in view of the new rules is a necessary part of designing a successful strategy. While the new written law itself is very important, the Patent Office guidelines issued in response thereto also gives a template within which to operate. 

            Integrity IP maintains a close study on these changes and continues to adjust prosecution strategies in response thereto.

 

Case Law: Mayo v. Prometheus, In re Bilski, Alice v. CVS

            When a patent case is settled in the Supreme Court, it can have very significant effect on the entire process on down to the inventor.  All Patent Office guidance and operational process is adjusted whenever a new major case is decided.  Without additional input from Congress, a new Supreme Court decision nevertheless changes the whole story.  As these cases are decided, Integrity IP changes with them to better present cases in good condition for the coming new manner in which it is anticipated to be reviewed.  Staying one step ahead, has big payoffs in the future.

 

 

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