Design Patent: U.S. Dramatic Changes Due to AIA
6 Pages Posted: 10 Mar 2013
Date Written: April 15, 2012
Abstract
Everyone will benefit from a full discussion of the AIA impact on design patent law and practice. Comments and questions on this topic are welcomed. An effort will be made to post on the fryer.com web these communications, where feasible.
Dramatic changes have occurred in U. S. design patent law and practice due to the America Invents Act (AIA), enacted on September 16, 2012, Patent Reform Act of 2011, H. R. 1249 (112th Cong., 1st Sess.), Public Law No: 112-29). A copy of this legislation should be close on each patent attorney's desk. It is available on the Thomas Library of Congress web site. This new law changes some of the core features of design patent law on novelty standards, strategy during patent examination before grant, and when infringement litigation may occur. For foreign patent attorneys, they will find the changes very close to their national law and practice. It is the U.S. attorney that will have to make the big adjustment and go back to school to learn the new U.S. patent law and reconsider their patent strategies.
Keywords: America Invents Act, design patents, intellectual property, AIA, Patent Reform Act od 2011, legislation, novelty standards, first to file, patent examination, infringement litigation, prior art, Hague Agreement
JEL Classification: K19, K29, K39, K49, O31, O34, O38
Suggested Citation: Suggested Citation