Posts Tagged ‘prosecution’
Next AIA implementation date – March 16, 2013
February 10th, 2013 | 
Author: 
As of March 16, 2013, the U.S. is changing from a First-to-Invent (FTI) system to a First-Inventor-to-File (FITF) system. The only countries that have ever used the FTI system were Canada, the Philippines and the U.S. Canada switched to a FITF system in 1989, the Philippines switched in 1998 and the U.S. switched in 2011 (effective as of March 16, 2013). So now the entire world is on a FITF system.
In a first-to-invent system, the prima facie right to the invention is given to first person who invents the actual invention, no matter when the application was filed (subject to proof of the date of invention).
Posted in From the Expert's Quill | 
Tags: 2013, AIA, AIA changes, AIA implementation, America Invents Act, best practices, continuation, continuation-in-part, Docketing, From the Expert's Quill, infringement, Intellectual Property, IP, IP Prosecution, litigation, March 16, March 19, micro entity, owner, paralegal services, patent, patent paralegal education, patent prosecution, PCT, PCT timeline; PCT; National Phase; National Stage; IP; Inellectual Prperty;, prosecution, Prosecution Paralegal, protecting an idea, PTO fee, US national phase | 
No Comments »
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?
Priority – Article 4A of the Paris Convention
Priority – Article 4A of the Paris Convention
(1) Any person who has duly filed an application for a patent, or for the registration of a utility model, or of an industrial design, or of a trademark, in one of the countries of the Union, or his successor in title, shall enjoy, for the purpose of filing in the other countries, a right of priority during the periods hereinafter fixed.
(2) Any filing that is equivalent to a regular national filing under the domestic legislation of any country of the Union or under bilateral or multilateral treaties concluded between countries of the Union shall be recognized as giving rise to the right of priority.