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 United States Patent and Trademark Office, Patent and Trademark Office – 35 U.S.C. §154; * The Continuing patent application, 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 Furth ...
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United States Federal Law
The law of the United States comprises many levels of Codification (law), codified and uncodified forms of law, of which the supreme law is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the federal government of the United States, federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Act of Congress, Acts of Congress, treaty, treaties ratified by the United States Senate, Senate, regulations promulgated by the executive branch, and case law originating from the United States federal courts, federal judiciary. The United States Code is the official compilation and Codification (law), codification of general and permanent federal statutory law. The Constitution provides that it, as well as federal laws and treaties that are made pursuant to it, preempt conflicting state and territorial laws in the 50 U.S. states and in the territor ...
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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 (patent), novelty, inventive step and non-obviousness, inventive step or non-obviousness, and industrial applicability (or utility (patent), utility). A business method may be defined as "a method of operating any aspect of an economic enterprise". History France On January 7, 1791, the French revolutionary National Constituent Assembly (France), National Constituent Assembly passed a pate ...
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United States Patent And Trademark Office
The United States Patent and Trademark Office (USPTO) is an List of federal agencies in the United States, agency in the United States Department of Commerce, 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, Virginia, Crystal City area of neighboring Arlington County, Virginia, 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 [it] provide[s]". The office is headed by the Under Secretary of Commerce for Intellectual Property, under secretary of commerce for intellectual property and directo ...
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Continuing Patent Application
Under United States patent law, a continuing patent application is a patent application that follows, and claims priority to, an earlier-filed patent application. A continuing patent application may be one of three types: a continuation, divisional, or continuation-in-part. Although continuation and continuation-in-part applications are generally available in the U.S. only, divisional patent applications are also available in other countries, as such availability is required under Article 4G of the Paris Convention. Early history From 1838 to 1861, inventors could file patent applications on improvements to their inventions. These were published as "additional improvement patents" and were given numbers preceded by "A.I.". About 300 of these patents were issued. Current law Under the law in the U.S., inventors may file several different types of patent applications to cover new improvements to their inventions or to cover different aspects of their inventions. These types of pa ...
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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 difficu ...
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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 and Chrysler, and whose story was dramatized in the 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 strategy for his patent applications * Peter Roberts, inventor of a quick-release so ...
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Patent Reform Act Of 2005
The Patent Reform Act of 2005 () was United States patent legislation proposed in the 109th United States Congress. Texas 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 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 Congress on 18 April 2007. A similar act was introduced as the Patent Reform Act of 2009 in the 111th Congr ...
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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 began digital publication in 2006. In August 2010, the ...
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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. It was founded in 1999, and focuses on the intersection between law and technology. 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 .... In addition to the print issues, JOLT staff writers also publish an online edition as well as a weekly blog. Ref ...
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United States Federal Patent Legislation
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film * ''The United'' (film), an unreleased Arabic-language film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe * "United (Who We Are)", a song by XO-IQ, featured in the television ser ...
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