Prior Art
Seeking in AIA age
America Invents Act is regarded as the most important transforms in the United States Patent Law in history.
Most important transforms that have been a result of the ACT are
• First Founder to Report
• Pre-Issuance Submissions
• Post Grant Review
• Inter Partes Review
Great deal has been stated about the above changes but one thing that definitely needs to be taken into account is the increased study that a Patent Application will be subject to under the new Act.
Look at this, a revolutionary new product is being publicized by your business and a global patent portfolio related to this product is sought to be created to entirely guard the innovations and product or service range. Now these kinds of new Patents and tools will probably be in full glow of contenders:
they can now be able to: -
• File Multiple anonymous Pre - Issuance Submissions
• Discuss your current innovations on crowd-sourcing web-sites like Askpatents
• Order Independent Pre-Issuance Search on websites like XLPAT ( www.xlpat.com ) and order via several third party vendors.
• If your patent withstands the anonymous onslaughts brought about as above, the competitor might then emerge and file a Post Grant Review Challenge (opening around 2014)
• And then the competitor could also mount an obstacle at the Patent Trial and Appellate Board.(PTAB)
Gone are they days while one could run away by submitting a patent and entirely depending upon a 22 odd hrs of research done by a Patent Examiner. Candidates now face multifarious problems from numerous named and unnamed parties.
Consequently applicants can take the following steps: -
• Before filing fresh new applications, a thorough Patent and Non Patent Look up is becoming almost a necessity.
• Ensure that the file history is now not full of office actions and estoppel but has claims calibrated to survive the various challenges
Further, when you find yourself in a position you require to preclude a competitor from gaining a patent: -
• Track opponents Applications and new filings through sites like www.xlpat.com
• Keep your clients/colleagues/attorneys knowledgeable about the latest advancement in the technologies
• Track patent programs of competitors in particular techniques and challenge them within the small 9 month interval from patent issuance• Several organizations utilize the time between notice of allocation to actual distribution of patent for planning to challenge a Patent in Post Grant Review
There are several services and also platforms in which such services such as PAIR tracking can be offered.
A Patent Monitoring Cloud Platform.
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