Transfer Pricing Associates

Adapting to the AIA

post Tuesday January 22, 2013

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As the America Invents Act (AIA) is more fully implemented and integrated into patent procedures, it is clear that companies who hope to successfully capitalize on intellectual property must begin to alter their IP strategies.

The sweeping changes that have accompanied the AIA have been widely analyzed and criticized by various practitioners in the IP world. It is unclear how deeply the AIA will impact IP litigation and the level of innovation in the United States going forward, but there are certain provisions to assist companies. The AIA provisions are for easier and more efficient ways to ensure they have adequate protection for their intellectual property.

One of the biggest changes resulting from the AIA that will make it easier for companies to protect their IP is the ability to challenge other patent filings before issuance of a patent if they are able to prove to the US Patent and Trademark office (USPTO) that prior art existed. The AIA generated the innovative ”pre-issuance submissions” under which the patent examiners “must consider references submitted by third parties if they satisfy specific requirements,” which likely will allow companies to more completely protect their IP.

In order for these new provisions to be utilized completely, practitioners and those involved in IP issues must more fully understand the AIA and the changes that it ushers in. In order to be very successful in maximizing the returns on intellectual property, companies must begin to fully integrate the new tools that are now at the disposal of firms into their business unit strategy.

At IPR Plaza, there are valuable resources available to positively improve the IP strategies of companies and capitalize on changes to IP law, like the America Invents Act, and other portions of the evolving IP landscape in the United States and in the global business environment.

Source: America Invents Act

Image source: Free Digital Photos

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