American Inventors Protection Act
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American Inventors Protection Act
The American Inventors Protection Act (AIPA) is a United States federal law enacted on November 29, 1999, as Public Law 106-113. In 2002, the Intellectual Property and High Technology Technical Amendments Act of 2002, Public Law 107-273, amended AIPA. AIPA contains significant changes to American Patent Law. AIPA added * An "earlier invention" defense for business method patents – 35 U.S.C. §273; * Publication of US patent applications for foreign published applications – 35 U.S.C. §122; * Patent term restoration for delays caused by the Patent and Trademark Office – 35 U.S.C. §154; * The Request for Continued Examination (RCE) patent prosecution procedure; and * Disclosure requirements for invention promotion firms. Political considerations Large corporations generally supported the bill. Independent inventors generally opposed the bill. See also *Patent Reform Act of 2005 References Further readingThe American Inventor’s Protection Act: A Legislative Histor ...
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United States Federal Law
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law. Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual sovereign system of American federalism (actually tripartite because of the presence o ...
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Business Method Patent
Business method patents are a class of patents which disclose and claim new methods of doing business. This includes new types of e-commerce, insurance, banking and tax compliance etc. Business method patents are a relatively new species of patent and there have been several reviews investigating the appropriateness of patenting business methods. Nonetheless, they have become important assets for both independent inventors and major corporations. Background In general, inventions are eligible for patent protection if they pass the tests of patentability: patentable subject matter, novelty, inventive step or non-obviousness, and industrial applicability (or utility). A business method may be defined as "a method of operating any aspect of an economic enterprise". History France On January 7, 1791, France passed a patent law that stated that "Any new discovery or invention, in all types of industry, is owned by its author...". Inventors paid a fee depending upon the desired ...
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United States Patent And Trademark Office
The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Alexandria, Virginia, after a 2005 move from the Crystal City area of neighboring Arlington, Virginia. The USPTO is "unique among federal agencies because it operates solely on fees collected by its users, and not on taxpayer dollars". Its "operating structure is like a business in that it receives requests for services—applications for patents and trademark registrations—and charges fees projected to cover the cost of performing the services tprovide . The Office is headed by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, a position last held by Andrei Iancu until he left office on January 20, 2021. Commissioner of Patents Drew Hirshfeld is performing the funct ...
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Invention Promotion Firm
An invention promotion firm or invention submission corporation provides services to inventors to help them in develop or market their inventions. These firms may offer to evaluate the patentability of inventions, file patent applications, build prototypes, license them to manufacturers, and otherwise market. They are distinguished from more conventional consulting firms and law firms offering the same or similar services in that they market their services primarily to amateur inventors through the mass media. The US government estimates that hundreds of companies offer invention-promotion services and that “virtually all of them are either ineffective or outright fraudulent. One official at the U.S. Patent and Trademark Office says he believes there are fewer than a half-dozen legitimate invention promoters in the country”. Performance Prior to the 1999 American Inventors Protection Act (AIPA), accurate statistics of the success rate of invention promotion firms were difficul ...
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Independent Inventor
An independent inventor is a person who creates inventions independently, rather than for an employer. Many independent inventors patent their inventions so that they have rights over them, and hope to earn income from selling or licensing them. Usually inventions made in the course of employment are ultimately owned by the employer; this is often specified in the terms of employment. Other inventors (independent or corporate) may create inventions hoped to be of use to anybody, and place them in the public domain. Notable post-1950 independent inventors * Robert Kearns, inventor of a type of intermittent windscreen wiper, who successfully sued Ford Motor Company, Ford and Chrysler Corporation, Chrysler, and whose story was dramatized in the film ''Flash of Genius (film), Flash of Genius'' * Jerome H. Lemelson, who claimed to have invented technology used in bar code readers, and eventually lost his patent rights as a result of pursuing a so-called submarine patent, submarine stra ...
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Patent Reform Act Of 2005
The Patent Reform Act of 2005 () was United States patent law, United States patent legislation proposed in the 109th United States Congress. Texas Republican Party (United States), Republican Congressman Lamar S. Smith introduced the Act on 8 June 2005. Smith called the Act "the most comprehensive change to U.S. patent law since Congress passed the 1952 Patent Act." The Act proposed many of the recommendations made by a 2003 report by the Federal Trade Commission and a 2004 report by the United States National Academy of Sciences, National Academy of Sciences.National Research Council (U.S.). Committee on Intellectual Property Rights in the Knowledge-Based Economy''A Patent System for the 21st Century'', Stephen A. Merrill, Richard C. Levin, and Mark B. Myers, editors, 2004, The 109th Congress concluded on January 3, 2007 without enacting H.R. 2795. Much of the proposed Act was carried into the proposed Patent Reform Act of 2007 (, ), which was introduced in the 110th United Sta ...
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Wake Forest Intellectual Property Law Journal
The ''Wake Forest Journal of Business and Intellectual Property Law'' is a student-run law journal produced by the Wake Forest University School of Law. The journal was founded in 2001 after years of lobbying and preparation by students, professors, and alumni active in the field of intellectual property law. The journal is one of three publications produced by the Wake Forest University School of Law. The journal is independent from the Intellectual Property Law Association of Wake Forest University School of Law, but coordinates with that student group to plan events and host speakers on campus. In 2006, the journal was recently ranked 6th nationally out of all intellectual property law journals in the "2006 ExpressO Law Review Submissions Guide." History The journal was founded as the ''Wake Forest Intellectual Property Law Journal'' in 2001 as a print-only journal and published ten volumes under that name. The journal begadigital publication in 2006. In August 2010, the jour ...
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North Carolina Journal Of Law & Technology
''North Carolina Journal of Law & Technology'' (JOLT) is a semi-annual student publication of the University of North Carolina School of Law. The journal, one of the first of its kind, was founded in 1998 and is viewed as one of the top law and technology journals in the country. JOLT takes a broad view of the term "technology." As such, topics in many seemingly divergent areas of the law can qualify for publication in JOLT, provided there is some relationship to a field of technology. Recently, articles have dealt with ethics, privacy, bankruptcy, First Amendment, tax law, and criminal law, as well as more traditional "technology" areas such as copyright and patent law A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A p .... In addition to the print issues, JOLT staff writers also ...
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United States Federal Patent Legislation
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