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Amendments to Trademark Laws

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Dez 01, 2011 (Newsletter Issue 14/11)
USA
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New Patent Reform Act Adopted


President Obama signed the America Invents Act on September 16, 2011. The introduction of the new patent system is a historical event and an adjustment to the rest of the world.

The new system creates a “first- inventor-to-file” system, replacing the current “first-to-invent” system. The new law will continue giving inventors in the U.S. a “Limited Inventor Grace Period” of 12 months with the possibility to be granted patent of an innovation which is already disclosed in the U.S.

Improvements of the Law:
The new law will consider foreign priorities, even if these are in other languages than English. This will allow filing of so-called Provisionals redundant. Also, it is introduced a Post-Grant Review within 9 months of grant.

The new system is expected to reduce the process time for applications despite that the number of applications has increased. However, this remains to be seen, especially as both the old law and the new law will exist parallel for at least 20 years. Thus, new patent applications filed prior to the adoption of the new law will to be included and handled under the old system, whilst new patent applications filed after the adoption of the new law will be encompassed and examined under the new patent system.

Source: United States Patent and Trademark Office, www.uspto.gov
GROTH & CO KB, Sweden