Thanks Kasznik for the lecture on “The Role Of Intellectual
Property As a Strategic Business Asset” given last Friday. Of the discussions,
one topic that I found interesting is America Invents Act (AIA). Kasznik showed
a graph on “Patent Litigation across the past 5 years.” The graph shows that
patent litigation rose sharply from 2010 to 2013, and declined from 2013 to
2014. Interestingly, AIA went into effect on 2013, the time at which number of
patent litigation declined.
Is AIA responsible for reducing the patent litigation? To answer this question, we need to first understand what AIA entails. AIA is a United States federal statute that was passed by Congress and singed into law on September 16, 2001. Its central provision is changing U.S. patent system from “first to invent” to “first inventor to file.” “First to invent” means inventors don’t have to rush to patent office to file for invention because even if someone filed before you do, as long as you have kept lab notebooks and prove that you are the first inventor, you will still get the patent. “First to file,” on the other hand, means inventors need to race to file their patents as soon as possible because many people do come up with similar inventions and whether you can get the patent depends on when you file for patent.
What are the benefits of AIA? First, AIA aligns the U.S patent system with the international patent system. Second, the act adds greater predictability to determining who has priority to an invention. The switch to “fist to file” modifies the definition of what prior work can be used to deny a patent. By setting a clear boundary of who has patent ownership, the new system reduces litigations on fighting whose invention notebook dated earlier.
Is AIA responsible for reducing the patent litigation? To answer this question, we need to first understand what AIA entails. AIA is a United States federal statute that was passed by Congress and singed into law on September 16, 2001. Its central provision is changing U.S. patent system from “first to invent” to “first inventor to file.” “First to invent” means inventors don’t have to rush to patent office to file for invention because even if someone filed before you do, as long as you have kept lab notebooks and prove that you are the first inventor, you will still get the patent. “First to file,” on the other hand, means inventors need to race to file their patents as soon as possible because many people do come up with similar inventions and whether you can get the patent depends on when you file for patent.
What are the benefits of AIA? First, AIA aligns the U.S patent system with the international patent system. Second, the act adds greater predictability to determining who has priority to an invention. The switch to “fist to file” modifies the definition of what prior work can be used to deny a patent. By setting a clear boundary of who has patent ownership, the new system reduces litigations on fighting whose invention notebook dated earlier.
Hi Yi,
ReplyDeleteIt was good to get an understanding of what AIA is. Do you think it was the reason for the decline?
Hi Yi,
ReplyDeleteI like how you explain a topic that I myself kind of glanced over. My only suggestion is to maybe add your own voice/own analysis in addition to everything.
Hi Yi, I really like your summary of Kasznik's talk. To answer the question: AIA responsible for reducing the patent litigation - this is a hard question to really justify, but your clearly organized writing justifies it very well. Great work!
ReplyDeleteHey Yi,
ReplyDeleteGood job with this post, I like that you focused in on the "America Invents Act". The AIA change that took place is certainly important and a topic to think about. It's great that the system changing to "first to file" has reduced litigation cases. Thanks for sharing!
Hi Yi,
ReplyDeleteYou did a great job of conveying what Kasznik talked about in lecture. I think you did a great job explaining AIA since I did not really understand what it entailed before.
Hi Yi,
ReplyDeleteGreat post again! Loved how you took a concept from class and expanded it into a full blog post explaining it. Personally I barely knew anything about what she mentioned in class, and I'm glad someone chose to expand it in further detail.
Hi Yi. Once again, fantastic job with this blog post. I love how you took a topic Kaznik talked about and turned it into a personal interest. I totally understand your fascination with AIA's role for reducing the patent litigations.
ReplyDelete