One of the most common defenses to patent infringement is that the asserted patent is invalid. The reasons for invalidity regularly range from lack of utility, to incorrect inventorship, and even to fraud (as I’ve recently written about). Often, the defendant asserts that the patent is invalid for lack of novelty or non-obviousness–pointing
From “First to Invent” to “First Inventor to File”
By Duets Guest Blogger on
One month from tomorrow, the most significant change to U.S. patent law in recent history will go into effect. Since 1790, when the first patent act was signed into law, the U.S. patent system has been a “first to invent” system. Next month, it will change to a “first inventor to file” system. The U.S.…
Changes to Patent Practice Effective September 16, 2012
By Duets Guest Blogger on
We here at the DuetsBlog like to make sure that you’re up to speed with any significant changes to intellectual property laws that may affect your rights in whatever may result from the spinning wheels of your noggin.
As with most government regulations, the road to change is a slow one. We started off last…