Bibliography
- On January 14, 2013, President Obama signed a bill (HR 6621) that included certain corrections however the substance of the major provisions remains the same
- Merrill SA, Levin RC, Myers MB. editor. A patent system for the 21st century. Committee on Intellectual Property Rights in the Knowledge-Based Economy, Nat'l Res. Council Nat'l Acad. Press; 2004
- See pre-AIA 35 U.S.C. §102(g)(2) which provides that a person is “entitled to a patent unless…before such person's invention thereof, the invention was made in this country by another inventor who had not abandoned, suppressed, or concealed it.”
- See AIA 35 U.S.C. 102(b)(1) and 78 Fed. Reg. 11024 at at 11035-6 (February 14, 2013); See also, e.g., Letter from Holbrook and Janis to Congress (June 13, 2011)
- 77 Fed. Reg.56068 (September 11, 2012)
- See pre-AIA 35 U.S.C. §102(a) and (e)
- See pre-AIA 35 U.S.C. §102(b) and (d)
- 35 U.S.C. §102(a)(1)
- See Examination Guidelines, 78 Fed. Reg. 11059 at 11074-75 (February 14, 2013)
- 35 U.S.C. §102(b)
- 78 Fed. Reg. 11024 and see Examination Guidelines, 78 Fed. Reg.11059 at 11077
- See 35 U.S.C. 103(c); This statute was amended in response to the CREATE Act of 2004 to increase cooperative academic research by removing a patentability bar on sharing of information between unrelated entities so long as they had entered a Joint Research Agreement
- 35 U.S.C. 102(c)
- See e.g., eBay, Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006) and Quanta Computer, Inc. v. LG Electronics, Inc., 553 U.S. 617 (2008)); Merck KGaA v. Integra Lifesciences I, Ltd., 545 U.S. 193 (2005) (limiting patent protection during clinical development); Assn. Molecular Pathology v. U.S.P.T.O., 653 F.3d 1329 (Fed. Cir. 2011) and Prometheus Labs, Inc. v. Mayo Collaborative Services, 131 S. Ct. 3027 (2011) (making it difficult to patent diagnostics); Ariad Pharmaceuticals, Inc. v Eli Lilly 598 F.3d 1336 (Fed. Cir. 2010) (en banc) (heightening the standard to patent fundamental technologies); and KSR Int'l Co., v. Teleflex, Inc. et al, 550 U.S. 398 (2007) (expanding the tests for obviousness).