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AIA Implementation – 09-16-2012
This is another red-letter day in the field of patent prosecution. The last day that was this important was June 8, 1995 when NAFTA and GATT-TRIP became effective in the USPTO.
The America Invents Act (AIA) was signed into law on September 16, 2011 by President Obama. Seven (7) provisions of the AIA went into effect on September 16, 2012. These provisions relate to:
- – Inventor’s oath or declaration;
– Preissuance submission;
– Supplemental examination;
– Citation of patent owner claim scope statements;
– Post-grant review;
– Inter parties review; and
– Covered business method review.
How Important Is Docketing?
Extremely important. Docketing is what keys our actions in IP prosecution. Every patent or trademark application has due dates (usually many, many due dates) which if missed could result in the abandonment of an application. Some missed dates are recoverable while some are not. Of those that are recoverable, reinstatement can be quite expensive and require untold hours of additional work.
When is that application due?
**This article is an update of the IPconnect blog article dated October 14th, 2010 and supersedes that article.**
You have a provisional application that was filed on June 15, 2012 and your client wants to file both a U.S. utility and a PCT application claiming priority to the provisional. June 15, 2013 is a Saturday, so you think that you can file both applications on Monday, June 17, 2013 because of the Sat/Sun/Holiday rule in the US, right?