Kickstarter.com, Indiegogo.com and other crowdfunding sites have revolutionized the way that some businesses start up and raise capital. However, when new technology is involved, it is best to look before you leap. In a first-to-file patent system there is a danger that winning the race to raise capital could lead to losing the race to the Patent Office.
Reproduced below is the Patent Novelty Statute, 35 U.S.C. 102 as amended by the America Invents Act. It is also available at uspto.gov.
(a) NOVELTY; PRIOR ART.—A person shall be entitled to a patent unless—
(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention; or Continue reading Patent Novelty Statute
Louisiana inventors and business owners should understand the basics of the new patent law following the Leahy Smith America Invents Act. One of the most important aspects of the new patent law is how the Patent Office will be judging patent applications to determine if an invention is “new.” Continue reading Don’t Lose the Race to the Patent Office
The America Invents Act is set to significantly impact how inventors approach the patent application process. One of the biggest elements of the new law impacting Louisiana inventors is the move to the first to file patent system. Inventors in Louisiana still have a significant amount of time before the biggest changes are made to patent filing rules. The first inventor to file provision of the America invents act will go into effect on March 16, 2013. 35 U.S.C. 102 which makes up part of the new law will read in part: Continue reading America Invents Act Affects Louisiana Patent Hopefuls
REVISED 7/8/2012: Baton Rouge inventors and others who manage or supervise inventors or potential inventors should be aware of how the disclosures of inventions impact potential patent rights. 35 U.S.C. 102(b) describes how an inventor can loose patent rights by disclosing an invention and failing to file a patent application in the allotted period of time. Continue reading Inventors should beware of invention disclosures