We Bring Technology to Market.

Work with us

File early, file often to accommodate changes in U.S. patent law

As part of our ongoing series examining the ecosystem necessary to bring technology to market, David French, a senior Canadian patent attorney with 35 years of experience, explores impending changes in U.S. patent law and how these will impact how technology companies must manage their patents to protect their Intellectual Property.

By David French

In about 18 months, U.S. patent law will undergo its most dramatic change since 1952, possibly since 1836. These changes will have an effect on Canadian businesses who seek to obtain U.S. patents, but those changes are not so profound as to require a significant departure from good practice under Canadian law. Nevertheless, it’s important for anyone managing patents to appreciate the significance of these coming changes.

The new, proposed U.S. patent law

This new legislation has been promoted as introducing first-to-file criteria into U.S. patent law for granting patents. It does, indeed, do that.

But the patenting requirements of the new law extend far beyond the first-to-file requirement. The first-to-file requirement simply addresses the situation where competing applications are filed for the same invention. The new law will introduce the concept of ÔÇťabsolute world novelty” as a limit to the grant of a U.S. patent. And, the law will add further novelty limitations which should be appreciated by Canadian businesses who wish to preserve their U.S. patent rights.

Read More

Join us

Events We're Attending:

  • image description
  • image description
  • image description
  • image description
  • image description
  • image description
  • image description