Securing Trade Secrets in a New First-to-File Patent Process

Written by Terry Howerton
Published on Sep. 29, 2011

The tech industry has a paramount interest in patents and protecting intellectual property, and it's worth a review of the recent -- rather historical -- changes to patent law.

 

This month Pres. Obama signed The America Invents Act, AIA. Three major provisions of AIA significantly change the United States patent process:

 

  1. AIA allows direct funding of the U.S. Patent and Trademark Office. Congress will assign a budget for the office, but the patent fees will be placed in escrow and that money can be released when it exceeds the allocation.

     

  2. This new law sets up a review process for patent applications. Third parties may question the validity of a patent for nine months after issuance.

     

  3. The most important change, however, is first-to-file, which makes the U.S system similar to other nations and eliminates first-to-invent.

 

This is a conversation happening with entrepreneurs and some bigger companies hanging around TechNexus. Here's six quick suggestions that should matter to a tech entrepreneur or company with any degree of protected intellectual property...

 

More at terryhowerton.com

 

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