Cole Richter from my old law firm (MBHB) has written a short alert highlighting a number changes taking effect on September 16, 2012 at the USPTO.

  • Third-party pre-issuance submissions allowed
  • BPAI becomes the PTAB
  • Inter partes review begins (September 15 last day to file for inter partes reexamination)
  • Transitional post-grant review for business methods
  • Changes to the inventor's oath
  • Inventorship can now be corrected despite deceptive intent (by implication)

Read the alert.

9 thoughts on “

  1. 8

    However, at least one other patent attorney disagrees


    Is that supposed to mean something?

  2. 7

    This is a nice list that includes some lesser-known changes that the AIA will make as of next month, not just the major changes.
    However, at least one other patent attorney disagrees with the suggestion that all divisionals will require new oaths. While it is true that former 35 USC 120 will no longer provide for using a copy of the orignal application inventors declarations, he argues that other provisions of the AIA will still provide for that.

  3. 5

    An admission that it could affect title? Does anyone know someone who does a good pirate impression?

  4. 4

    Jeff, but you as a patent attorney should be careful that any newly named inventor be under obligation to assign to the same owner, and actually receive that assignment, before I would even think about asking for a change in inventorship.

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