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Greenberg Traurig | Date: 2016-04-21

Newsletters and printed publications in the fields of insurance and insurance industry news and developments. Providing online publications in the fields of insurance and insurance industry news and developments.


Garsson R.S.,Greenberg Traurig | Pham C.H.,Greenberg Traurig
Nanotechnology Reviews | Year: 2012

In the past, there have been other means for challenging a patent (or prospective patent) at the United States Patent and Trademark Offi ce (USPTO). These included preissuance submissions of prior art and ex parte reexaminations, which continue to be available. With the enactment of the Leahy-Smith America Invents Act (AIA) on September 16, 2011, additional means have been provided to entities so that they now have a greater set of potential procedures to challenge and neutralize patents-procedures that are both more economical and will take less time to resolve. Under the AIA, there are two new procedures for challenging a patent after issuance, namely, post-grant review (PGR) and inter partes review (IPR). This article provides an overview of these procedures, including their advantages and disadvantages, so that nanotech-related companies can decide which strategy may best fi t them for particular patent invalidity challenges. © 2012 by Walter de Gruyter.


Pham C.H.,Greenberg Traurig | Garsson R.S.,Greenberg Traurig
Nanotechnology Reviews | Year: 2012

With the enactment of the Leahy-Smith America Invents Act on September 16, 2011, there are now multiple opportunities to speed up the patenting process for which companies, such as those focusing on nanotechnology-related inventions, can take advantage. The three main options include (1) prioritized examination, (2) accelerated examination, and (3) certain categories under petition to make special. This article provides an overview of each option, so nanotech companies can decide which strategy is right for them. © 2012 by Walter de Gruyter.


Pham C.H.,Greenberg Traurig | Garsson R.S.,Greenberg Traurig
Nanotechnology Reviews | Year: 2014

The America Invents Act (AIA) presents new challenges and strategy considerations for nanotechnology inventors and companies that seek to protect their intellectual property in the United States. Among the many notable changes, the AIA expands the "prior user rights" defense to infringement and broadens the classes of patents that are eligible for the new limited prior user rights defense. While this defense is limited in some instances, such as against universities, it could be invaluable in others, such as when a competitor independently discovers and patents the trade secret. In the world of nanotechnology, where inventions and products are increasingly complex, this protection can prove to be vitally important.


By the Leahy-Smith America Invents Act (AIA), the U.S. patent system is experiencing the most significant reform since the U.S. Patent Act was enacted some 60 years ago. This article focuses on one aspect of the AIA that has perhaps triggered the biggest debate, namely the conversion under the U.S. Patent laws from a " first-to-invent " system to a " first-inventor-to-file " system. The change to the first-inventor-to file system has broad implications to all entities filing patents in the U.S. Under the new first-inventor-to-file system, the emphasis is now on filing patent applications in the U.S. Patent Office even more quickly than before. Thus, a strategy to file early and often (including using provisional applications) will generally better protect against a later inventor winning the race to the U.S. Patent Office. © 2012 by Walter de Gruyter Berlin Boston.

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