Google Public Policy Blog: Helping Implement America Invents Act

Helping Implement America Invents Act

Friday, December 9, 2011

Posted by Suzanne Michel, Senior Patent Counsel

The creation of procedures and rules that allow patent challengers a full opportunity to develop invalidity arguments so that the PTO will have the information it needs to make an informed decision;

Allowing companies harmed by threats of infringement (not just lawsuits) to use the new business method transitional program, including the definition of a broad category of eligible business method patents; and,

Continued protection of prior user rights under the first-to-file patent system, without which companies would be forced to file patents on trade secrets and minor improvements so a later patentee could not stop them from using their own inventions.