Newhope Law, PC dba Law Office of Clement Cheng (since 1999)
Patent News: As of March 2013, the United States is a first to file country. There is no more grace period. FIRST TO FILE WINS
USPTO says some of the key provisions of the AIA include:
- Transitioning the U.S. to a first-to-file system.
- Providing an enhanced grace period for inventors to safeguard patent rights against disclosures made by inventors made one year or less before the effective filing date, which allows inventors to engage in crucial negotiations with potential buyers or investors without fear of losing their right to a patent. (true only for publications)
- Consistent with international norms, the definition of prior art now includes non-printed disclosures, including oral disclosures, made available to the public anywhere in the world.
- Providing prior art effect to US patent applications as of their foreign priority dates, thus eliminating the Hilmer doctrine.
- Eliminating the requirement for inventors to set forth the best mode to carry out the invention as a defense in infringement actions or in post grant review.
- Providing 75% discount for patent fees to all applicants that qualify as micro entities.
We provide legal assistance with patents (protecting inventions), trademarks (protecting company names and logos) and copyrights (protecting artistic expression). Afterwards, we can provide counseling for licensing, infringement and other matters.
