Do you live in Florida and have an original idea, method, or device that is worth protecting? Obtaining St. Petersburg patents for your invention will protect you from others utilizing your original idea.
Recent changes within the America Invents Act bring changes to patent filing, especially for those who are small entities. Below are key takeaways, so you can seek legal counsel with confidence concerning your St. Petersburg patents.
What is the America Invents Act?
The Leahy-Smith America Invents Act was signed into law on September 16, 2011, by President Barack Obama, creating immediate effects on patent strategies. The act affects American inventors with respect to patent applications, defense, and enforcement.
How Does the America Invents Act Change Patent Procedures?
The most notable changes to patent procedures that have occurred as a result of the America Invents Act, according to Upcounsel, include the First Inventor to File principle, changes to Corporate Assignee Filing procedures, Best Mode principle, and Micro Entity Status. St. Petersburg patent holders and inventors must be aware of these changes in order to comply and take advantage of new patent procedures.
First Inventor to File
The First Inventor to File replaces the previous principle that favored those who were first to invent, based on evidence, not those who were first to file for a patent. This particular update to the patent system is applicable to every U.S. patent filed on or after March 16, 2013.
Corporate Assignee Filing
Quite simply, a corporate assignee is now able to apply for a patent.
The Best Mode principle that is included in the America Invents Act was once required in order for a patent application to be considered. However, as an article by Dorsey & Whitney LLP outlines, the new law states that a failure to disclose the best mode for making or using the patented invention will no longer be considered grounds for an infringer to invalidate a patent.
Micro Entity Status
Micro entity status is now a status that is available for inventors who qualify. This new aspect of patent law allows small inventors to file their patents for a reduced fee. There are requirements for an inventor to meet in order to be eligible for this status.
Who Does the Act Affect?
The largest concern about new patent law for St. Petersburg patents holders and inventors lies with claims on or before March 16, 2013. According to The United States Patent and Trademark Office, a patent that contains a claim to an invention on or before the filing date is subject to the amendment AIA 35 U.S.C. 102 and 103 in the application.
There are many nuances to patent law that can be difficult to navigate for St. Petersburg patent holders and innovators who are not well-versed in the legalities of the America Invents Act. Larson & Larson Patent and Trademark Attorneys specialize in guiding St. Petersburg patent holders, businesses, and individuals through patent and trademark law in order to license intellectual property.
If you live in Largo, Tampa, or the surrounding area and need help establishing your intellectual property rights through a patent, make an appointment with one of our experienced attorneys today! Call 727-546-0660 or send a message through the contact form and one of our St. Petersburg patent attorneys will be in touch!