Insights into The America Invents Act

About the Course:

Understanding the Impact of the America Invents Act (AIA) on Patenting

The America Invents Act (AIA) represents the most comprehensive legislative overhaul of the patent system in decades. This transformative law affects all aspects of patenting, including drafting, prosecution, licensing, and litigation. Our expert speakers will delve into how the AIA influences prior art searches, interference proceedings, recordation requirements, and the necessity of obtaining opinion letters. They will also explain the AIA’s effects on patent quality, filing fees, post-issuance patent challenges, and the actions of non-practicing entities.

Key Issues Covered in This Webinar:

1. Shift from First-to-Invent to First-to-File:
   • Explore the implications of transitioning to a first-to-file system and how it changes the patenting landscape.
2. Expanded Post-Issuance Patent Challenges:
   • Understand how the AIA’s expanded post-issuance challenges impact overall patent quality and enforceability.
3. Prior User Rights:
   • Examine the extent to which prior user rights under the AIA influence patent filings and the strategies involved.
4. Patent Filing Fees:
   • Assess how the AIA affects patent filing fees and the financial considerations for applicants.
5. Expedited Examination and Fees:
   • Learn about the opportunities for seeking expedited examination and the associated fees, helping streamline the patent process.
6. Supplemental Examination:
   • Discover how supplemental examination can protect patents against charges of inequitable conduct.
7. Best Mode Requirements:
   • Discuss the current status and implications of best mode requirements under the AIA.
8. False Marketing Charges:
   • Analyze the near elimination of false marketing charges and its significance for patent holders.
9. Harmonization of Willful Infringement:
   • Explore how the AIA has aligned willful infringement standards with prevailing case law.
10. Joining of Unrelated Defendants in Litigation:
    • Understand the rising bar for joining unrelated defendants in patent litigation and its strategic implications.
11. Relief from Business Method Patents:
    • Learn how the AIA expands relief from business method patents, impacting various industries.

Course Leaders:

Kevin R. Spivak, Of Counsel, Greenblum & Bernstein P.L.C.
Kevin R. Spivak brings extensive experience from both general practice and intellectual property boutique firms. As a former Patent Examiner at the U.S. Patent and Trademark Office, he offers deep insights into patent applications in computer-related technologies. At Greenblum & Bernstein, Mr. Spivak prepares and prosecutes patent applications in electrical, software, and telecommunications fields. He also prepares infringement and validity opinions and assists in pre-trial matters and appeals.

P. Branko Pejic, Attorney, Greenblum & Bernstein P.L.C.
Mr. Pejic is a skilled litigator involved in all aspects of fact, damages, and expert discovery, as well as pre-trial and trial preparation. His practice spans pharmaceuticals, food additives, camera components, medical devices, computer hardware and software, industrial machinery, and industry standards like JPEG and MPEG. Mr. Pejic prepares infringement and validity opinions and supervises licensing programs.

Course Length: Approx. 1.5 hours

Gain valuable insights into the AIA’s impact on patenting by joining our expert-led webinar. Secure your spot today