Patent Reform: First to File Provisions

Navigating Significant Changes to What Constitutes Prior Art, Derivation Practice and More

Recording of a 90-minute CLE webinar/teleconference with Q&A


Conducted on Tuesday, November 15, 2011
Recorded event now available


This CLE webinar will provide guidance for counsel to IP owners and inventors on the first-to-file system under the new America Invents Law. The panel will review what constitutes prior art and the new derivation practice.

Description

On Sept. 8, 2011, Congress finalized its six-year effort to reform the U.S. Patent Law System by passing the Leahy-Smith America Invents Act (AIA). The AIA represents the most significant change to the U.S. Patent Law System in decades.

Perhaps the biggest change is the move from the current first-to-invent system to the first-to-file system, starting on March 16, 2013. Among the important changes under the new system are the expansion of what constitutes prior art and the elimination of the interference practice.

Counsel to IP owners and inventors must carefully examine and understand the many changes that are coming as patent reform goes into effect in order to advise clients on meeting the new requirements and protecting their IP rights.

Listen as our authoritative panel of patent attorneys provides an overview of the America Invents Act and examines the first-to-file provisions, including what constitutes prior art under the new patent reform law. The panel will offer best practices for patent practice under the new system.

Outline

  1. America Invents Act
    1. Overview of changed landscape
    2. Effective dates for changes
  2. First inventor to file provisions
    1. What changes
    2. What stays the same
    3. Derivation practice
  3. Examples of how new section 102 works under the AIA

Benefits

The panel will review these and other key questions:

  • What constitutes prior art under the new first-to-file system?
  • How does the derivation practice differ from interference practice?
  • How will the new first-to-file system under section 102 work under the AIA?

Faculty

Stephen G. Kunin, Partner
Oblon Spivak McClelland Maier & Neustadt, Alexandria, Va.

He represents clients in post-grant patent proceedings at the U.S. Patent and Trademark Office. He also serves as an expert witness and consultant on patent policy, practice and procedure. During his tenure at the USPTO, he served in many executive positions, including as Deputy Commissioner for Patent Examination Policy.

Brad D. Pedersen, Partner
Patterson Thuente Christensen Pedersen, Minneapolis

He concentrates his practice in the areas of high-technology, computer, software and medical device patent prosecution strategy, licensing and litigation. Serving as counsel in court trials, interferences and reexaminations, and as an expert witness, he has extensive litigation experience, in addition to his experience in patent prosecution and transactional work.

Ordering

Online CLE - Audio Recording

Includes streaming audio of full program plus handouts (available 24 hours after live program).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, GA, ME, MO, MT, SC, TX*, VT, WA.
Upon request, also available in: CO, CT*, FL, ID, KY, LA*, NC, ND, NE, NH, NM, NV, OR*, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $297.00
Available 24 hours after the live event

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Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, GA, HI, ME, MO, MT, NY, SC, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, ID*, KY, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)

Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event

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DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H
Available ten business days after the live event

MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event

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CD (Audio with Slide PDFs) $297.00 plus $9.45 S&H
Available ten business days after the live event

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Program Materials

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Program Materials

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CLE Credit

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Intellectual Property Law Advisory Board

Stephen R. Baird

Shareholder

Winthrop & Weinstine

Charles S. Baker

Partner

Fulbright & Jaworski

David S. Bloch

Partner

Winston & Strawn

Hung H. Bui

Partner

Bui Garcia-Zamor

Irah H. Donner

Partner

Stroock & Stroock & Lavan

Ian N. Feinberg

Partner

Feinberg Day Alberti & Thompson

Anthony J. Fitzpatrick

Partner

Duane Morris

Bassam N. Ibrahim

Shareholder

Buchanan Ingersoll & Rooney

Craig P. Opperman

Partner

DLA Piper

David Segal

Senior IP Counsel

Intel

Jeffrey R. Seul

Partner

Holland + Knight

Astrid R. Spain

Partner

Jones Day

Mark P. Wine

Partner

Orrick

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