The New U.S. Patent Law and other Recent Developments in Patents and Investor Perspective in Global IP Management

On September 8, 2011, the U.S. Congress passed the Leahy-Smith America Invents Act, H.R. 1249, which will be effective upon signature by President Obama. There are more changes made to the patent law and practice than at any time  since the law of 1836 creating the Patent Office and an examination system. What provisions are effective immediately? Retroactively? How is “first to file” being implemented? This development, on top of a continuous stream of IP cases before the U.S. Supreme Court and the USPTO reexamination reform, is setting in motion the tidal wave of change in the IP landscape on both sides of the pond. It will likely have a profound effect on how IP assets are obtained, transacted, and enforced in the United States, Europe, and elsewhere in the world. European businesses with a global footprint must ensure their IP strategy is balanced and on target for competitive survival and long-term growth as these changes unfold.

IP and business attorneys from Foley, in collaboration with Eversheds LLP, invite you to join fellow IP leaders in Europe for a complimentary educational and interactive seminar on September 29, 2011.

Topics include:

• Leahy-Smith America Invents Act
  How you can decipher transition provisions, grace period, and unclear issues, including first-to-file, overruling of Hilmer, “secret” prior art for obviousness, secret commercialization in any country, and other changes.
  
• Patent Paranoia, Beware!
  Therasense and patent inequitable conduct, IDS burdens, Foreign Office Actions, and scaremongers: Cutting through the paranoia for simple, direct prosecution.
  
• How Emerging Technology Companies Manage Global IP Portfolios in the Face of Changing IP Laws
  
• U.S. Hot Topic Round-Up
  Myriad (gene patenting); Mayo v. Prometheus (§ 101 patent-eligibility of personalized medicine); Classen v. Biogen IDEC</EM>; changes in interference/post-grant review; and alternative fee arrangements in U.S. patent litigations.
• European IP Update