Changes in the Patent law, Wednesday Sept. 12th
One of those most significant issues that inventors must consider is the changes that patent reform has brought about. The enactment of the first inventor to file system rather than the first to invent system we had been under affects all patent applications filed on or after March 16, 2013. The Leahy-Smith America Invents Act (AIA), enacted September 16, 2011, created an additional avenue for applicants to receive a break from the fees associated with the United States Patent and Trademark Office (USPTO). New Micro-Entity fees (35 U.S.C. 123) purport to provide a more substantial discount to applicants while still leaving the benefit of Small-Entity fees for applicants who may not otherwise qualify for the new discount. This new system grants the rights of a patent for a given invention to the first inventor to file a patent application for protection of that invention. It also expands the definition of what may be considered prior art in determining patentability of an invention and outlines how a patent may be overturned. On September 12, TBIC is pleased to welcome attorneys Nilay Choksi and David Jacobs from the law firm Smith Hopen to share details on how the new law will affect inventors in the future.
David Jacobs is a graduate of Stetson University College of Law graduating in the top 10 of his class. He is a member of the American Bar Association and the American Intellectual Property Law Association. In addition to patent prosecution, Mr. Jacobs specializes in Trademark Law and FDA Label compliance. He also writes bi-weekly news articles about recent developments and trends in the field of Intellectual Property.
Nilay Choksi received his Juris Doctor from Emory University School of Law and his Bachelor of Science from Xavier University. He has tailored his practice to assisting startups and independent inventors, having prosecuted and issued patent applications across numerous disciplines. Additionally, Mr. Choksi participated in Emory's IP certificate program, allowing him to work directly with PhD students from Georgia Tech and technology startups to commercialize their innovation through IP and business means.