Deep Dive Into the AIA – Uncovering Immediate and Actionable Steps of the New Patent Law

As we delve into the AIA, we are beginning to realize the numerous nuances and ambiguities in this sweeping and complex piece of legislation. The next installment in our Patent Nation series will give you an opportunity to discuss aspects of AIA that are most critical, unclear, or misleading, as well as call for immediate actions.

For example, the top near-term changes in the AIA that corporate IP executives need to consider incorporating into their day-to-day operations include:

• Impact of the tough and prompt Patent Trial and Appeal Board administrative revocation proceeding as from September 16, 2012, applicable retroactively to all granted patents without regard to when they were filed, including discovery of experts who present affidavits or declarations under the new inter partes review. Which competitors’ patents are open to attack?
  
• Which of my own patents must be “bulletproofed?” What must be done to prepare for or prophylactically defend for proceedings before the September 16 date, when the door opens to filing?
  
• Nuances of the massive changes in the prior art regime under the new law. Is there a grace period for “public use” or “on sale?” Is secret commercialization under Metallizing Engineering prior art under the new law?

For additional information, please contact Mayumi Wille at [email protected].

Foley Speakers

• Harold C. Wegner, Partner, IP Department
  
• Antoinette F. Konski, Partner and Chair, Silicon Valley Office IP Department
  
• Lauren L. Stevens, Of Counsel, IP Department
  
• Lorna L. Tanner, Partner, IP Department

Foley & Lardner LLP will apply for CLE credit after the program, wherever applicable. Foley & Lardner LLP certifies that this activity has been approved for California MCLE credits by the State Bar of California in the amount of one General credit. Foley & Lardner LLP is a State Bar of California MCLE approved provider. Please note that participants must be in attendance on the date of the event; credit may not be obtained by viewing and/or listening to a program recording after the event.