Overhaul of Patent System

Extracted 09FEB2012 from http://www.nytimes.com/2012/02/09/business/smallbusiness/business-owners-adju...

The most sweeping patent system changes in more than 50 years became law in September with enactment of the America Invents Act, which the White House has said will help turn inventions into businesses faster...

FIRST TO FILE One of the most debated changes was the move to first-to-file. Before America Invents, patents went to the person who invented first, which had to be proved using “prior art” — documentation like dated sketches, notebooks, academic papers and models. Starting next year, patents will be issued according to who files first, aligning the United States’ system with Europe’s...

THE FAST TRACK A new expedited examination will allow businesses to get around the patent applications backlog, which today stands at about 668,000. It can take three to four years just to get a first response, said John A. Dragseth, a lawyer in the Minneapolis office of Fish & Richardson, an intellectual property firm. The examination, known as Track One, will set a target of 12 months for getting applications through the process for a $4,800 fee...

THE POSTGRANT REVIEW With the new postgrant review process, anyone can challenge claims in a patent for nine months after it is granted. And the case goes before a patent examiner, not a court. “If you have a big competitor creating a cloud over your product with a patent,” said Mr. Dragseth, the intellectual property lawyer, “this is a way to take care of that without spending millions on litigation.”

Chris Allen is chief executive of a nine-person Boston start-up, Brass Monkey, which has an application that turns smartphones into game controllers for its browser-based video game console. He had hoped America Invents would address the issue of so-called patent trolls, companies and individuals that sue to protect patents even if they are not using them.