Intellectual Property

Prior Art After the AIA: A Practical Guide (AIPLA Treatise)

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Prior Art After the AIA: A Practical Guide is a four-color reference that offers step-by-step analyses for determining when pre-AIA versus AIA prior art law applies, with flowcharts and graphical timeline scenarios.

Authors

American Intellectual Property Law Association (AIPLA)


Brad D. Pedersen


Brad D. Pedersen is a patent attorney with more than 30 years of experience in patent law, engineering, business, and entrepreneurship. He is a partner and the chair of the patent practice group at Patterson Thuente Pedersen, P.A., an IP law firm in Minneapolis, Minnesota. He is co-author of the AIPLA/Bloomberg Law treatises Patents After the AIA: Evolving Law & Practice and Prior Art After the AIA: A Practical Guide.

Gregory D. Allen


Gregory D. Allen (retired) was an Assistant Chief Intellectual Property Attorney at 3M Innovative Properties Company, an affiliate of 3M Company, St. Paul, Minnesota. Greg joined 3M as an Advanced Product Development Engineer in 1985, before joining 3M’s Legal Department in 1989. His practice focuses on patent matters, including prosecution and opinions primarily in the chemical area, as well as IP agreements. He is co-author of the AIPLA/Bloomberg Law treatises Patents After the AIA: Evolving Law & Practice and Prior Art After the AIA: A Practical Guide.

Ann M. Mueting


Ann M. Mueting, Ph.D., J.D., is a founding shareholder of the firm Mueting, Raasch & Gebhardt, in Minneapolis, Minnesota, which began in 1995 and represents Fortune 500 companies, biomedical firms, universities, various mid-size and startup companies, as well as individual entrepreneurs. She is co-author of the AIPLA/Bloomberg Law treatises Patents After the AIA: Evolving Law & Practice and Prior Art After the AIA: A Practical Guide.

Brian R. Stanton


Brian R. Stanton, Ph.D., works on IP, trade, and associated technology innovation policy matters. A principal in Stanton Consulting Services, Brian was previously the Director of the Division of Policy at the National Institutes of Health’s (NIH’s) Office of Technology Transfer and was responsible for IP and technology transfer policy for the U.S. Public Health Service (the NIH, the Food and Drug Administration, and the Centers for Disease Control and Prevention) until 2007. He is co-author of the AIPLA/Bloomberg Law treatises Patents After the AIA: Evolving Law & Practice and Prior Art After the AIA: A Practical Guide.

Alan J. Kasper


Alan J. Kasper is a senior partner in the international IP law firm of Sughrue Mion, PLLC. Alan’s practice focuses on patent matters and consists primarily of prosecution, litigation, licensing, opinions (including independent evaluator for standards groups), and counseling on patent strategies for a variety of clients in the advanced electrical, optical, semiconductor, computer-based, and mechanical technologies. He is co-author of the AIPLA/Bloomberg Law treatises Patents After the AIA: Evolving Law & Practice and Prior Art After the AIA: A Practical Guide.


Description

A companion guide to Bloomberg Law’s Patents After the AIA: Evolving Law and Practice, this comprehensive ready-reference guide offers a targeted and concise look at how the AIA has affected prior art issues in U.S. patent law. Patent prosecutors and litigators can use this guide to quickly evaluate the AIA prior art issues in their cases.

Prior Art After the AIA: A Practical Guide provides full-color illustrations and step-by-step analyses for evaluating prior art applicability under both pre-AIA and AIA law. It includes flowcharts that lay out how to analyze AIA §102(a) prior art eligibility and AIA §102(b) prior art exceptions. The graphical timeline scenarios present a multitude of different fact patterns to help evaluate prior art issues. It also includes sample templates of declarations that can be used to establish that a particular piece of prior art is subject to one of the three different kinds of AIA exceptions.


Summary of Contents

Chapter 1. The Basics of Prior Art Law After the America Invents Act

Chapter 2. Transition Applications

Chapter 3. Analyzing Art for (a)(1) Prior Art and (a)(2) Prior Art

Appendices. Sample Declarations


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